Case Summary
Canara Bank filed a suit against M/s Unique Engineering Enterprise and its proprietor Johny C A for the realization of a loan amount of Rs.3,76,184.93 with interest. The defendants failed to appear in court and were set exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.3,76,184.93 with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay Rs.3,76,184.93 along with interest. The court also stated that the defendants' assets would be liable to satisfy the debt.
Why Plaintiff Won:
Plaintiff has established a case based on unchallenged evidence of default in loan repayment.
Plaintiff has established a case based on unchallenged evidence of default in loan repayment.
Losing Side's Weaknesses:
Plaintiff has established a case based on unchallenged evidence of default in loan repayment.
Plaintiff has established a case based on unchallenged evidence of default in loan repayment.
Supporting Evidence
It is further evident that repayment of defendants were irregular. On perusal of the plaint, proof affidavit and documents produced which remain unchallenged, I am of the view that plaintiff has established a case.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.3,76,184.93/- along with interest @10.70 % 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 plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Plaintiff
- Party Name
- Danny Babu
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Unique Engineering Enterprise
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Johny C A
- Party Age
- 75
- Relation
- S/o
Plaintiffs Documents
Original application for Micro and Small Enterprises Loan, Original Sanction Communication letter, Original letter of undertaking, Original Composite Hypothecation Agreement, Original acknowledgment of debt, Office copy of Lawyer notice, Postal receipts, Returned envelopes, True copy of account statement.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P V Prakashan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A B Shrilatha
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Defendants shall pay Rs.3,76,184.93/- along with interest.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.3,76,184.93/- (Rupees Three lakhs seventy six thousand one hundred eighty four and ninety three paise only) along with interest @10.70 % 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 plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall be personally and their assets shall be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Micro and Small Enterprises Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the first defendant to obtain a loan from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Sanction Communication Letter
Submitted By:
Plaintiff
Relevance:
Notification of the loan sanction issued by the plaintiff bank.
Reference:
Ext.A2
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Documentation pertaining to the loan agreement.
Reference:
Ext.A3
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Agreement outlining the hypothecation of assets for the loan.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment by the defendants of the debt owed to the plaintiff.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Second acknowledgment confirming the debt by the defendants.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants regarding the outstanding liability.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice to the defendants.
Reference:
Ext.A8
Document Type:
Returned Envelopes
Submitted By:
Plaintiff
Relevance:
Returned envelopes indicating that the notices could not be delivered.
Reference:
Ext.A9
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Statement detailing the defendants' loan account and repayment status.
Reference:
Ext.A10
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 Unique Engineering Enterprise et al regarding realization of money
Case Code Year
Case between Canara Bank vs M/s Unique Engineering Enterprise et al regarding realization of money