Case Summary
The plaintiff, Canara Bank, claims that the defendants, M/s. Jacks Export Surplus and its proprietor, failed to repay a loan. The bank seeks recovery of the outstanding amount of ₹5,29,794.70.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay an amount of ₹5,29,794.70 with interest from the date of suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants must pay the plaintiff the total amount owed along with interest. The plaintiff is also entitled to recover costs from the defendants.
Why Plaintiff Won:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay to the plaintiff, an amount of 5,29,794.70/- (Rupees five lakhs twenty nine thousand seven hundred and ninety four and seventy paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or from assets of defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, South Branch, Emakulam
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s. Jacks Export Surplus
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Mr. Muhammed Kunhi
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Loan Application Form, Cash Credit Agreement, Guarantee Covering Letter, Letter of Renewal, Sanction Memorandum, Supplemental Agreement, Acknowledgment of Debt and Security, Agreement Cum Deed of Hypothecation, Certificate u/s. 65 B of the Evidence Act.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. K Hema
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arunima N.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gowri A.H
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay an amount of 5,29,794.70/- with interest.
Evidence:
I am of the opinion that the defendants owe a total amount of 5,29,794.70/- to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Related to the loan availed by the defendants from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Part of the loan documentation needed to establish the defendants' liability.
Reference:
Ext.A2
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Provides assurance regarding the loan provided to the defendants.
Reference:
Ext.A3
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Document indicating the renewal of the loan agreement.
Reference:
Ext.A4
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Relates to the sanctioning of the loan provided to the defendants.
Reference:
Ext.A5
Document Type:
Supplemental Agreement
Submitted By:
Plaintiff
Relevance:
An agreement supplementing the initial loan agreement.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt owed by the defendants.
Reference:
Ext.A7
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Related to an additional loan application by the defendants.
Reference:
Ext.A8
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document related to the sanction of an additional loan.
Reference:
Ext.A9
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Details the agreement and hypothecation of assets against the loan.
Reference:
Ext.A10
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Another document renewing the loan terms.
Reference:
Ext.A11
Document Type:
Sanction Communication
Submitted By:
Plaintiff
Relevance:
Communication regarding the sanction of additional terms.
Reference:
Ext.A12
Document Type:
Supplemental Agreement
Submitted By:
Plaintiff
Relevance:
Supplementing existing loan agreements.
Reference:
Ext.A13
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Further loan documentation.
Reference:
Ext.A14
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Sanction documentation for another loan or renewal.
Reference:
Ext.A15
Document Type:
Computer print out of Statement of Account for the period from 10.04.2019 to 31.03.2020
Submitted By:
Plaintiff
Relevance:
Statement of account showing transactions related to the loan.
Reference:
Ext.A16
Document Type:
Certificate u/s. 65 B of the Evidence Act
Submitted By:
Plaintiff
Relevance:
Certificate necessary for computer-generated documents to be admissible.
Reference:
Ext.A16(a)
Document Type:
Certificate u/s. 2A(B) and 2A (C) of the Bankers Book of Evidence Act
Submitted By:
Plaintiff
Relevance:
Certification required for evidencing bank transactions.
Reference:
Ext.A16(b)
Document Type:
Computer print out of Statement of Account for the period from 07.05.2019 to 30.10.2023
Submitted By:
Plaintiff
Relevance:
Statement of account needed for the current financial liability of the defendants (subject to proof).
Reference:
Ext.A17
Document Type:
Computer print out of Statement of Account for the period from 07.05.2019 to 31.10.2023
Submitted By:
Plaintiff
Relevance:
Statement of account needed for the current financial liability of the defendants (subject to proof).
Reference:
Ext.A18
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs M/s. Jacks Export Surplus regarding realisation of money
Case Code Year
Case between Canara Bank vs M/s. Jacks Export Surplus regarding realisation of money