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Original Suit No. 88 of 2015

Case between Canara Bank vs P.P. Basheer et al regarding money realization

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2016-12-05
Duration
1 year
Case Closed
Mon, 12/05/2016 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Canara Bank filed a suit against P.P. Basheer and P.P. Rasheed to realize an outstanding amount of Rs. 3,54,231 with future interest.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendants must pay Canara Bank Rs. 3,54,231 with future interest for the principal amount.
Judgment Favored
Plaintiff
Relief Granted
Decree to pay Rs. 3,54,231 with future interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed that the defendants must pay Canara Bank Rs. 3,54,231 with future interest for the principal amount.
Why Plaintiff Won:
The plaintiff proved the case through documents produced in the case which remained unchallenged due to the defendant being exparte.
Losing Side's Weaknesses:
The plaintiff proved the case through documents produced in the case which remained unchallenged due to the defendant being exparte.
Supporting Evidence
Heard both sides. Case of the plaintiff is that the plaintiff is the Bank Manager of the plaintiff ban...

Judgment Evidence:

In the result, the suit is decreed as follows:- Defendant is hereby directed to pay an amount of Rs. 3,54,231 to the plaintiff with a future interest at the rate 12% per annum for the principal amount of Rs. 3,36,964/- till the realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Canara Bank
Relation
Represented by its Manager
Party Role
Defendant
Party Name
P.P. Basheer
Party Age
45
Relation
S/o Kuttihassan
Party Role
Defendant
Party Name
P.P. Rasheed
Party Age
36
Relation
S/o Kuttihassan
Plaintiffs Documents
Common application form, Agreement cum deed of Hypothecation, Guarantee Agreement, Guarantee covering letter, Acknowledgment of debt and security, Copy of Lawyer Notice, Acknowledgment card, Ledger Extract
Defendants Documents
Not available

Advocates

Party Role
Plaintiff
Advocate Name
Smt. Mercyamma Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Jency Suresh
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. Gopi Kadavath
Appearance Type
Main Counsel

Reliefs

Relief Type: Money Recovery
Outcome: Granted
Description:
Decree to pay Rs. 3,54,231 with future interest
Evidence:
The suit is decreed as follows:- Defendant is hereby directed to pay an amount of Rs. 3,54,231 to the plaintiff with a future interest at the rate 12% per annum for the principal amount of Rs. 3,36,964/- till the realization.

Documents & Evidence

Document Type: Common application form
Submitted By: Plaintiff
Relevance:
For running the business in the name and style M/s. Puthenpeedikakkal Traders
Reference:
Ext.A1
Document Type: Agreement cum deed of Hypothecation
Submitted By: Plaintiff
Relevance:
Loan of Rs. 5,00,000/- availed by the first defendant on 23.07.2009
Reference:
Ext.A2
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
Executed by the second defendant as the guarantor
Reference:
Ext.A3
Document Type: Guarantee covering letter
Submitted By: Plaintiff
Relevance:
Signed by the second defendant
Reference:
Ext.A4
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
Executed on 07.06.2012
Reference:
Ext.A5
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Sent to the first defendant on 24.02.2014
Reference:
Ext.A6
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Related to Ext.A6
Reference:
Ext.A6(a)
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Sent to the second defendant on 24.02.2014
Reference:
Ext.A7
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Related to Ext.A7
Reference:
Ext.A7(a)
Document Type: Ledger Extract
Submitted By: Plaintiff
Relevance:
Shows the amount due from the defendants
Reference:
Ext.A8

Case Classification

Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Money Recovery
Case Code
Case between Canara Bank vs P.P. Basheer et al regarding money realization
Case Code Year
Case between Canara Bank vs P.P. Basheer et al regarding money realization

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 12/01/2015 - 12:00
Case Closed
Mon, 12/05/2016 - 12:00
From
Thu, 12/01/2016 - 12:00
To
Sat, 12/31/2016 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

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