Case Summary
Canara Bank filed a suit against Saleesh Kumar for the recovery of a loan amount of Rs.12,82,466 along with interest. The defendant failed to repay the loan taken for purchasing camera equipment for his photography business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff an amount of Rs.12,82,466 with interest.
Case Type
Commercial Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The defendant is ordered to pay the specified loan amount along with interest.
Why Plaintiff Won:
The evidence adduced by the plaintiff stands unchallenged and is found to be credible.
The evidence adduced by the plaintiff stands unchallenged and is found to be credible.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff stands unchallenged and is found to be credible.
The evidence adduced by the plaintiff stands unchallenged and is found to be credible.
Supporting Evidence
From the unrebutted testimony of PW1 coupled with Exts. A1 to A5, it is found that the plaint claim stands proved and the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1) The defendant is directed to pay to the plaintiff, an amount of Rs.12,82,466/-...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Saleesh Kumar.K
Plaintiffs Documents
Sanction letter dated 21.01.2022, Agreement cum deed of hypothecation dated 21.01.2022, Deed of hypothecation dated 21.01.2022, Non starter report dated 06.09.2024, Attested copy of statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sreehari.P.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Manu.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay an amount of Rs.12,82,466/- to the plaintiff.
Evidence:
In the result, the suit is decreed with costs as follows: The defendant is directed to pay to the plaintiff, an amount of Rs.12,82,466/- (Rupees twelve lakh eighty two thousand four hundred and sixty six only) with interest at the rate of 9.15% per annum from the date of institution of the suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
The document evidences the sanction of the loan amount to the defendant.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement between the plaintiff bank and the defendant regarding the loan.
Reference:
Ext.A2
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This deed further establishes the plaintiff's security interest in the loan.
Reference:
Ext.A3
Document Type:
Non Starter Report
Submitted By:
Plaintiff
Relevance:
This report provides evidence of the unresolved status of the loan agreement.
Reference:
Ext.A4
Document Type:
Attested copy of Account Statement
Submitted By:
Plaintiff
Relevance:
The statement confirms the outstanding loan amount due from the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Saleesh Kumar.K regarding realization of money
Case Code Year
Case between Canara Bank vs Saleesh Kumar.K regarding realization of money