Case Summary
The plaintiff, Canara Bank, seeks repayment of a loan amount from the defendants, who are partners in a partnership firm. The defendants have allegedly defaulted on the loan despite several requests for repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.9,11,838/- along with interest
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to repay the outstanding loan amount along with interest. The defendants are also responsible for the costs of the suit.
Why Plaintiff Won:
The plaintiff successfully established that the defendants defaulted on the loan repayments despite having the capacity to repay.
The plaintiff successfully established that the defendants defaulted on the loan repayments despite having the capacity to repay.
Losing Side's Weaknesses:
The plaintiff successfully established that the defendants defaulted on the loan repayments despite having the capacity to repay.
The plaintiff successfully established that the defendants defaulted on the loan repayments despite having the capacity to repay.
Supporting Evidence
The evidence of the plaintiff consisted of the oral evidence of PW1 and Ext. A1 to A21. The loan papers were executed, and it was proven that the defendants did not repay the loan amount.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.9,11,838/- (Rupees Nine lakhs eleven thousand eight hundred and thirty eight only) along with interest @ 10.6% from the date of suit till the date of decree...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- M/s Meloth Concrete Bricks
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M A Nizar
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Kareem K M
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K A Rebi
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anse
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Sanction letter dated 13.06.2019, Cash Credit agreement, pronote, Partnership deed dated 26.06.2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P V Prakasan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A B Shrilatha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Madhu K S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Suni Karunakaran
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants were ordered to pay Rs.9,11,838/- along with interest.
Evidence:
On perusal of plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.9,11,838/- with interest from defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants were declared personally and their assets liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
It shows that the 1st defendant availed MSME OD of Rs.8,00,000/- from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
It is the cash credit agreement related to the loan.
Reference:
Ext.A2
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
It is the pronote dated 13.06.2019 for the loan.
Reference:
Ext.A3
Document Type:
Particulars of Guarantor/co-obligant
Submitted By:
Plaintiff
Relevance:
These are the particulars executed by defendants 2 to 6.
Reference:
Ext.A4
Document Type:
Guarantee covering letters and Guarantee agreements
Submitted By:
Plaintiff
Relevance:
They are executed by defendants 2 to 6.
Reference:
Ext.A5
Document Type:
Copy of Partnership letter
Submitted By:
Plaintiff
Relevance:
It is a partnership letter dated 18.03.2019.
Reference:
Ext.A6
Document Type:
Request letter of extension for overdraft
Submitted By:
Plaintiff
Relevance:
It is a request letter dated 04.08.2021.
Reference:
Ext.A7
Document Type:
Application Form for Loans to MSMEs
Submitted By:
Plaintiff
Relevance:
It is the loan application dated 08.12.2021.
Reference:
Ext.A8
Document Type:
Request for overdraft facility
Submitted By:
Plaintiff
Relevance:
It is the request for renewal of overdraft facilities.
Reference:
Ext.A9
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
It pertains to the renewal of the loan.
Reference:
Ext.A10
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
It is the cash credit agreement dated 10.12.2021.
Reference:
Ext.A11
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
It relates to loans/advances dated 10.12.2021.
Reference:
Ext.A12
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
It is the pronote dated 10.12.2021 for the loan.
Reference:
Ext.A13
Document Type:
Guarantee covering letters and Guarantee agreements
Submitted By:
Plaintiff
Relevance:
They were executed by defendants 2 to 6.
Reference:
Ext.A14
Document Type:
Partnership letter
Submitted By:
Plaintiff
Relevance:
It is a partnership letter dated 10.12.2021.
Reference:
Ext.A15
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
It is the notice sent to the defendants.
Reference:
Ext.A16
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These are the postal receipts related to the notice.
Reference:
Ext.A17
Document Type:
Returned Postal Acknowledgment card
Submitted By:
Plaintiff
Relevance:
These cards were duly signed by the defendants.
Reference:
Ext.A18
Document Type:
Request letter
Submitted By:
Plaintiff
Relevance:
It is a request letter submitted by defendants 2 and 6.
Reference:
Ext.A19
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
It shows that defendants have defaulted in repayment.
Reference:
Ext.A20
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
It is the partnership deed dated 26.06.2018.
Reference:
Ext.A21
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 Meloth Concrete Bricks et al regarding realization of money
Case Code Year
Case between Canara Bank vs M/s Meloth Concrete Bricks et al regarding realization of money