Case Summary
Canara Bank is suing Saji J, the proprietor of A.B.S Vegitables, for the repayment of a loan of ₹2,00,000 that was defaulted. The loan was sanctioned on June 11, 2020, and despite multiple demands, Saji J failed to repay the amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay an amount of ₹2,62,902/- to the plaintiff bank with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay ₹2,62,902 along with interest. The plaintiff was also awarded costs.
Why Plaintiff Won:
The evidence proved that the defendant had taken a loan of ₹2,00,000 and defaulted in repayment.
The evidence proved that the defendant had taken a loan of ₹2,00,000 and defaulted in repayment.
Losing Side's Weaknesses:
The evidence proved that the defendant had taken a loan of ₹2,00,000 and defaulted in repayment.
The evidence proved that the defendant had taken a loan of ₹2,00,000 and defaulted in repayment.
Supporting Evidence
The unchallenged testimony of PW1 proved the case of the plaintiff. There is no contra evidence to disprove the case of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed with costs as follows; 1) The defendant is directed to pay an amount of ₹2,62,902/- to the plaintiff bank with interest @ 7.95% per annum from the date of the suit till the date of judgment and thereafter @ 6% per annum from the date of judgment till its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Saji J
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Loan application (Ext.A1), Sanction memorandum (Ext.A2), Pro-note (Ext.A3), Loan agreement (Ext.A4), Lawyer notice (Ext.A5), Postal receipt (Ext.A6), Postal acknowledgment (Ext.A7), Certified copy of account ledger (Ext.A8)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sabu Stephen
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Antony Joseph
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the loan amount with interest.
Evidence:
Therefore, I am of the view that plaintiff is entitled to realize the costs of the suit from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay an amount of ₹2,62,902/- to the plaintiff bank.
Evidence:
The defendant is directed to pay an amount of ₹2,62,902/- (Rupees Two Lakhs Sixty Two Thousand Nine Hundred and Two only) to the plaintiff bank with interest @ 7.95% per annum from the date of the suit till the date of judgment.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document served as evidence of the loan application filed by the defendant.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document demonstrates the approval of the loan by the plaintiff bank.
Reference:
Ext.A2
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
This document is the promissory note executed by the defendant evidencing the loan agreement.
Reference:
Ext.A3
Document Type:
Agreement for Loan
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan agreement entered into by the defendant.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document is a notice sent to the defendant regarding the non-repayment of the loan.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document provides proof of dispatch of the lawyer's notice to the defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document indicates that the defendant received the lawyer's notice.
Reference:
Ext.A7
Document Type:
Certified copy of Account Ledger
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding amount due from the defendant to the plaintiff.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Non-payment of Loan
Case Code
Case between Canara Bank vs Saji J regarding realization of money
Case Code Year
Case between Canara Bank vs Saji J regarding realization of money