Case Summary
Canara Bank is suing M/s Yuvika Boutique and its proprietor Tini Suraj for non-repayment of loans. The court found in favor of the bank due to the defendants' failure to respond and repay the owed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.2,11,011.85 with interest @10.7% per annum and Rs.6,31,045 with interest 9.45% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay the outstanding amounts with interest. The court emphasized the defendants' failure to respond to legal notices.
Why Plaintiff Won:
Plaintiff established the case with unchallenged evidence.
Plaintiff established the case with unchallenged evidence.
Losing Side's Weaknesses:
Plaintiff established the case with unchallenged evidence.
Plaintiff established the case with unchallenged evidence.
Supporting Evidence
The Senior manager of plaintiff bank was examined as PW1 and Exts.A1 to A12 were marked. On perusal of the plaint, proof affidavit and documents produced, 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.2,11,011.85/- (Rupees Two Lakhs eleven thousand eleven and eighty five paise only) along with interest @10.7% per annum and Rs.6,31,045/-(Rupees Six lakhs thirty one thousand forty five) with interest 9.45% 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 plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- M/s Yuvika Boutique
- Party Role
- Defendant
- Party Name
- Tini Suraj
- Relation
- W/o Suraj M Nair
Plaintiffs Documents
Original Sanction Memorandum, Original agreement, The Original of Deed of Hypothecation, Letter of undertaking Re: Loans/Advances, Request of Overdraft facilities, Original pro note, Acknowledgment of Debt and Security of term loan.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saira Phiroz
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Susan Kuriakose
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Angel Theresa
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall pay Rs.2,11,011.85/- along with interest @10.7% per annum and Rs.6,31,045/- with interest 9.45% per annum.
Evidence:
Defendants shall pay Rs.2,11,011.85/- (Rupees Two Lakhs eleven thousand eleven and eighty five paise only) along with interest @10.7% per annum and Rs.6,31,045/-(Rupees Six lakhs thirty one thousand forty five) with interest 9.45% 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 plaintiffs.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall be personally and her assets shall also be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and her assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also 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:
The original of sanction memorandum which is duly signed and accepted by the defendants.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The copy of agreement dated 16.02.2015.
Reference:
Ext.A2
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Ext.A3 is the deed of hypothecation re:machinery.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
The letter of undertaking re:loans/advances.
Reference:
Ext.A4
Document Type:
Request for Overdraft
Submitted By:
Plaintiff
Relevance:
Ext.A5 is the original of request for overdraft facilities.
Reference:
Ext.A5
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original of pronote dated 16.02.2015.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Exts.A7 and A8 are the acknowledgment of debt and security of term loan of Rs.1,50,000/- and cash credit of Rs.2,25,000/- dated 08.10.2020.
Reference:
Exts.A7 and A8
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Ext.A9 and A10 are the office copy of the lawyer notice of term loan and a cash loan dated 03.06.2023.
Reference:
Exts.A9 and A10
Document Type:
Loan Account Statement
Submitted By:
Plaintiff
Relevance:
The statement of loan account for the period from 01.01.2015 to 25.05.2023.
Reference:
Ext.A11
Document Type:
Loan Account Statement
Submitted By:
Plaintiff
Relevance:
The statement of loan account for the period from 16.02.2015 to 20.05.2023.
Reference:
Ext.A12
Document Type:
Account Statement Certificate
Submitted By:
Plaintiff
Relevance:
Ext.A12(a) is the certificate for the account statement.
Reference:
Ext.A12(a)
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 Yuvika Boutique et al regarding suit for realization of money.
Case Code Year
Case between Canara Bank vs M/s Yuvika Boutique et al regarding suit for realization of money.