Case Summary
Canara Bank has filed a suit against M/s Sathi Offset Printing Press for the recovery of a loan amount. The defendant defaulted on repayment, leading to the suit being filed for the outstanding debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.1,55,720/- along with interest @10.35% per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of Canara Bank for the amount of Rs.1,55,720/- with interest. The defendant is ordered to pay the amount along with costs of the suit.
Why Plaintiff Won:
Plaintiff established a case through the evidence of loan documents and default.
Plaintiff established a case through the evidence of loan documents and default.
Losing Side's Weaknesses:
Plaintiff established a case through the evidence of loan documents and default.
Plaintiff established a case through the evidence of loan documents and default.
Supporting Evidence
On perusal of the 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.1,55,720/- with interest from the defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.1,55,720/- along with interest @10.35% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- M/s Sathi Offset Printing Press
- Relation
- Proprietor
Plaintiffs Documents
Original of Pronote dated 28.12.2016, Original request for overdraft facilities dated 28.12.2016, Original cash credit agreement dated 28.12.2016, Office copy of lawyer notice dated 10.04.2019, Returned cover enclosed original lawyer notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shoban George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K V Jayadeep Menon
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.1,55,720/- along with interest.
Evidence:
Defendants shall pay Rs.1,55,720/- (Rupees One lakh fifty five thousand seven hundred and twenty only) along with interest @10.35% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall be personally liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Original pronote executed by defendant in favour of plaintiff.
Reference:
Ext.A1
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Original request for overdraft facilities executed by defendant in favour of plaintiff bank.
Reference:
Ext.A2
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Cash credit agreement dated 28.12.2016 executed by defendant.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer notice issued to defendant.
Reference:
Ext.A4
Document Type:
Returned lawyer notice
Submitted By:
Plaintiff
Relevance:
Returned cover of the original lawyer notice with endorsement as addressee left.
Reference:
Ext.A5
Document Type:
Returned lawyer notice
Submitted By:
Plaintiff
Relevance:
Returned cover of the original lawyer notice marked as unclaimed.
Reference:
Ext.A6
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
True copy of account statement maintained by plaintiff for the specified period.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs M/s Sathi Offset Printing Press regarding realization of money
Case Code Year
Case between Canara Bank vs M/s Sathi Offset Printing Press regarding realization of money