Case Summary
The plaintiff, Canara Bank, filed a suit against the defendant, M/s.Food Art, to recover an amount due from multiple loans. The defendant defaulted on the repayment despite several demands from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs 1,86,786.19 with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the due amount along with interest. The defendant is liable to pay the costs of the proceedings.
Why Plaintiff Won:
The plaintiff proved their case through unchallenged oral testimony and documentary evidence.
The plaintiff proved their case through unchallenged oral testimony and documentary evidence.
Losing Side's Weaknesses:
The plaintiff proved their case through unchallenged oral testimony and documentary evidence.
The plaintiff proved their case through unchallenged oral testimony and documentary evidence.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A5 documents produced by him.
Judgment Evidence:
In the result, 1.The plaintiff shall be entitled to realize Rs 1,86,786.19 (Rupees One lakh eighty six thousand seven hundred and eighty six and nineteen paise) from the defendant with interest at the rate of 9 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Malaparamba Branch
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Rijas K.
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s.Food Art
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mrs.Preetha T.s.
- Relation
- Represented by
Plaintiffs Documents
Loan sanction letter, Composite hypothecation agreement, Agreement cum deed of hypothecation, Acknowledgment of debt and security, Copies of account statements.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Jaleel Onath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt Deepa T.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff shall be entitled to realize Rs 1,86,786.19 from the defendant with interest.
Evidence:
The suit is liable to be decreed and I do so.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Original of the sanction letters dated 31.05.2019, 06.12.2019, 12.06.2020.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original of the composite hypothecation agreement dated 31.06.2019, 06.12.2019.
Reference:
Ext.A2
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original of the agreement cum deed of hypothecation dated 12.06.2020.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Original of the letter of acknowledgment of debts dated 23.05.2022, 09.11.2022, 07.06.2023.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Attested copies of the account statements for the specified periods.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs M/s.Food Art regarding realization of money
Case Code Year
Case between Canara Bank vs M/s.Food Art regarding realization of money