Case Summary
The plaintiff, Canara Bank, has filed a suit for the realisation of money due from the defendants arising out of a loan transaction. The defendants, a group of individuals and a private agricultural concern, defaulted on the repayment of the loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay an amount of Rs. 9,59,354/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to repay the outstanding loan amount. The defendants are jointly and severally liable for the repayment.
Why Plaintiff Won:
The plaintiff successfully proved the loan transaction, default, subsisting liability, and entitlement to recover the amount.
The plaintiff successfully proved the loan transaction, default, subsisting liability, and entitlement to recover the amount.
Losing Side's Weaknesses:
The plaintiff successfully proved the loan transaction, default, subsisting liability, and entitlement to recover the amount.
The plaintiff successfully proved the loan transaction, default, subsisting liability, and entitlement to recover the amount.
Supporting Evidence
The evidence of PW1 remains unchallenged, unimpeached and unrebutted. The acknowledgment of debt at Ext. A6 also repels the plea of limitation.
Judgment Evidence:
In the result, the defendants are directed to pay the plaintiff an amount of Rs.9,59,354/- (Rupees Nine Lakhs Fifty-Nine Thousand Three Hundred and Fifty-Four only) jointly and severally.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Pournami Karshaka Sangam
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Lijomon K.R
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manoj P.P
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Beejamol P.K
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jayamol K.K
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Inter-se Agreement executed by the defendants, Articles of Agreement for Financing self Help Groups, sanction Memorandum from Canara Bank, Letter of Undertaking.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jayakrishnan. R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Deepu Viswanath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the plaintiff a specified amount.
Evidence:
The defendants are directed to pay the plaintiff an amount of Rs.9,59,354/- (Rupees Nine Lakhs Fifty-Nine Thousand Three Hundred and Fifty-Four only) jointly and severally.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the amount granted from the date of the suit.
Evidence:
The said amount shall carry interest at the rate of 6% per annum from the date of suit till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to costs of the suit from the defendants.
Documents & Evidence
Document Type:
Inter se Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant related to the loan transaction.
Reference:
Ext.A1
Document Type:
Articles of Agreement for Financing self Help Groups
Submitted By:
Plaintiff
Relevance:
Related to the loan transaction as per the Joint Liability Group Scheme.
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Issued from Canara Bank, authorizing the loan.
Reference:
Ext.A3
Document Type:
Undertaking
Submitted By:
Plaintiff
Relevance:
Executed by the defendant pertaining to the loan.
Reference:
Ext.A4
Document Type:
Application/Assessment of Tenant Farmer's JLGs
Submitted By:
Plaintiff
Relevance:
Document associated with the Joint Liability Group loan.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Establishes the acknowledgment of debt by the defendants.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details the outstanding balance related to the plaintiff's loan.
Reference:
Ext.A7
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants demanding payment.
Reference:
Ext.A8
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending communication related to the loan.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Pournami Karshaka Sangam et al regarding realisation of money
Case Code Year
Case between Canara Bank vs Pournami Karshaka Sangam et al regarding realisation of money