Case Summary
The plaintiff, Canara Bank, filed a suit against the defendants for the recovery of a loan amount that was not repaid. The defendants, despite several demands, failed to pay off the outstanding loan amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants were ordered to pay the sum of 7,31,571.56/- with interest thereon at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff. The defendants were ordered to pay the outstanding amount along with interest.
Why Plaintiff Won:
The plaint averments, affidavit, and documents established the case of the plaintiff.
The plaint averments, affidavit, and documents established the case of the plaintiff.
Losing Side's Weaknesses:
The plaint averments, affidavit, and documents established the case of the plaintiff.
The plaint averments, affidavit, and documents established the case of the plaintiff.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; 1. It is ordered that the defendants to pay to the plaintiff the sum of 7,31,571.56/- with interest thereon at the rate of 6% per annum from the date of decree till its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Sethumohan P S
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M/s S and D Ceramics
- Relation
- Proprietor
Plaintiffs Documents
Loan Application, Agreement cum Deed of Hypothecation, Sanction Memorandum, Cash Credit Agreement, Promissory Note, Letter of undertaking, Request for over draft facilities, Supplemental Agreement, Letter of Renewal, Copy of Statement of Account, Office copy of Lawyer’s notice, Postal receipt, Returned cover with A/D Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Clareness Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nrupen Vadakken
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The court ordered the defendants to pay the plaintiff the outstanding amount with interest.
Evidence:
In the result, the suit is decreed as follows; 1.It is ordered that the defendants to pay to the plaintiff the sum of 7,31,571.56/- (Rupees seven lakhs thirty one thousand five hundred seventy one and fifty six paise only) with interest thereon at the rate of 6% per annum from the date of decree till its realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence establishing the loan agreement.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document was necessary to prove the terms of the loan.
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document verified the sanctioning of the initial loan.
Reference:
Ext.A3
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
This document outlined the cash credit facilities provided.
Reference:
Ext.A4
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document served as a promise to repay the loan.
Reference:
Ext.A5
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document confirmed the undertakings made by the defendants.
Reference:
Ext.A6
Document Type:
Request for Over Draft facilities
Submitted By:
Plaintiff
Relevance:
This document was a request associated with the loan.
Reference:
Ext.A7
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document entered into the record as a later agreement.
Reference:
Ext.A8
Document Type:
Supplemental Agreement
Submitted By:
Plaintiff
Relevance:
This document represented further agreements related to the loan.
Reference:
Ext.A9
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document verified the sanctioning of the loan enhancement.
Reference:
Ext.A10
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
This document was connected to the loan renewal process.
Reference:
Ext.A11
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document verified the sanctioning of further loan enhancements.
Reference:
Ext.A12
Document Type:
Supplemental Agreement
Submitted By:
Plaintiff
Relevance:
This document represented additional agreements to the loan conditions.
Reference:
Ext.A13
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
This document related to the terms of renewal for the loan.
Reference:
Ext.A14
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
This document provided the account status reflecting outstanding dues.
Reference:
Ext.A15
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This document was related to the notice for repayment sent to the defendants.
Reference:
Ext.A16
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document served as proof of sending the notice.
Reference:
Ext.A17
Document Type:
Returned cover with A/D Card
Submitted By:
Plaintiff
Relevance:
This document confirmed the delivery of the notice sent to the defendants.
Reference:
Ext.A18
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Sethumohan P S et al regarding recovery of money.
Case Code Year
Case between Canara Bank vs Sethumohan P S et al regarding recovery of money.