Case Summary
Canara Bank filed a suit against M/s St.George Candles and its proprietorix for failing to repay loan amounts. The bank claims outstanding dues from loans extended to the defendants for their business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants ordered to pay ₹ 4,18,085 with interest and ₹ 2,40,119 with interest, along with costs of the litigation.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay the outstanding loan amounts with interest. The plaintiff is also entitled to recover the decree amount from the defendants' assets with post decretal interest.
Why Plaintiff Won:
Plaintiff proved the existence of loan agreements and the defendants' default in repayment.
Plaintiff proved the existence of loan agreements and the defendants' default in repayment.
Losing Side's Weaknesses:
Plaintiff proved the existence of loan agreements and the defendants' default in repayment.
Plaintiff proved the existence of loan agreements and the defendants' default in repayment.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of ₹ 4,18,085/- and ₹ 2,40,119/- with stated interest rates.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- M/s St.George Candles
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sindhu Wilson
- Party Age
- 50
- Relation
- W/o Wilson
Plaintiffs Documents
Original loan Application, Original Agreement cum deed of Hypothecation, Original of loan application, Original of letter of renewal, Original of Sanction memorandum, Original of cash credit agreement, Original of the request for overdraft facilities, Original of pronote, True copy of the lawyer notice issued to the defendant, Postal receipts (2 nos), Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mathew Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- O.V.Abraham
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.P.B.Subramanain
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rema Menon R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jiji Nikhil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the outstanding loan amounts from the defendants.
Evidence:
The suit is decreed directing the defendants to pay an amount of ₹ 4,18,085/- with 11.90% interest per annum from 3/4/2024 to the date of suit...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the overdraft amount from the defendants.
Evidence:
...along with 2,40,119/- with 10.80% interest per annum from 3/4/2024 to the date of suit...
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of the litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application submitted by the defendants for obtaining the term loan.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original agreement signed by the defendants in favour of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application submitted by the defendants for loan renewal.
Reference:
Ext.A3
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Original letter renewing the loan agreement.
Reference:
Ext.A4
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Original memorandum that sanctioned the overdraft facility.
Reference:
Ext.A5
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Original cash credit agreement signed by the defendants.
Reference:
Ext.A6
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Original request for overdraft facilities submitted by the defendants.
Reference:
Ext.A7
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Original pronote signed in relation to the loan.
Reference:
Ext.A8
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of the lawyer notice issued to the defendants demanding loan repayment.
Reference:
Ext.A9
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Two postal receipts related to the lawyer notice sent to the defendants.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account from the plaintiff bank showing the loan and interest details.
Reference:
Ext.A11
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 St.George Candles et al regarding loan repayment
Case Code Year
Case between Canara Bank vs M/s St.George Candles et al regarding loan repayment