Case Summary
The plaintiff, Canara Bank, filed a suit against the defendants, M/s Kalyanis Ladies Store and Mobile Shop, for defaulting on a loan taken for educational purposes. The defendants failed to repay the outstanding loan amount despite repeated requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay to the plaintiff the sum of 8,24,063 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount with interest.
Why Plaintiff Won:
The plaint averments, affidavit and the documents established the case of the plaintiff.
The plaint averments, affidavit and the documents established the case of the plaintiff.
Losing Side's Weaknesses:
The plaint averments, affidavit and the documents established the case of the plaintiff.
The plaint averments, affidavit and the documents established the case of the plaintiff.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of 8,24,063 (Rupees Eight Lakh Twenty Four Thousand and Sixty Three only) with interest thereon at the rate of 6% per annum for the principal amount of 7,00,000/- (Rupees Seven Lakh only) from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Plaintiff
- Party Name
- Ms Lovis George
- Party Age
- 59
- Relation
- W/o Samuel E J
- Party Role
- Defendant
- Party Name
- M/s Kalyanis Ladies Store and Mobile Shop
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Santhosh V V
- Party Age
- 50
- Relation
- S/o Viswanathan
Plaintiffs Documents
Sanction Letter, Cash/Credit Agreement, Pronote, Letter of Proprietorship, Letter of undertaking re loans advance, Specimen Signature Card for borrowal Account, Letter evidence execution of documents signed and executed by defendant, Account Statement of Loan, Certificate u/s 2A(b) and 2A(c) of the Bankers Book evidence, Notice, Postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jayakrishnan R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Order for the defendants to pay the outstanding amount along with interest.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of 8,24,063₹ (Rupees Eight Lakh Twenty Four Thousand and Sixty Three only) with interest thereon at the rate of 6% per annum for the principal amount of 7,00,000₹/- (Rupees Seven Lakh only) from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement for the plaintiff to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document evidencing the approval of the loan to the defendants.
Reference:
Ext.A1
Document Type:
Cash/Credit Agreement
Submitted By:
Plaintiff
Relevance:
Agreement outlining the terms of the cash/credit loan provided to the defendants.
Reference:
Ext.A2
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Legal document acknowledging the loan amount to be paid by the defendants.
Reference:
Ext.A3
Document Type:
Letter of Proprietorship
Submitted By:
Plaintiff
Relevance:
Document establishing the proprietorship of the defendants.
Reference:
Ext.A4
Document Type:
Letter of undertaking re loans advance
Submitted By:
Plaintiff
Relevance:
Document where defendants undertook obligations in relation to the loan advance.
Reference:
Ext.A5
Document Type:
Specimen Signature Card for borrowal Account
Submitted By:
Plaintiff
Relevance:
Card containing signatures of the defendants for verification purposes.
Reference:
Ext.A6
Document Type:
Account Statement of Loan
Submitted By:
Plaintiff
Relevance:
Summary of the loan account showing the outstanding amount due from the defendants.
Reference:
Ext.A8
Document Type:
Certificate u/s 2A(b) and 2A(c)of the Bankers Book evidence
Submitted By:
Plaintiff
Relevance:
Certificate verifying entries made in the bank's books related to the defendants' loan.
Reference:
Ext.A8(a)
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notification regarding the outstanding dues from the defendants.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming the sending of the notice to the defendants.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs M/s Kalyanis Ladies Store and Mobile Shop regarding realization of money
Case Code Year
Case between Canara Bank vs M/s Kalyanis Ladies Store and Mobile Shop regarding realization of money