Case Summary
Canara Bank filed a suit against Shaharudheen Kutty for recovery of a loan amount due to willful default in repayment. The defendant failed to appear in court despite being duly served.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs. 2,79,313/- with interest at the rate of 6% per annum from the date of suit till the date of realisation with costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff succeeded in proving their case by producing sufficient evidence.
The plaintiff succeeded in proving their case by producing sufficient evidence.
Losing Side's Weaknesses:
The plaintiff succeeded in proving their case by producing sufficient evidence.
The plaintiff succeeded in proving their case by producing sufficient evidence.
Supporting Evidence
By producing Ext. A1 to A13 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving him case. Moreover, 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: The plaintiff is entitled to realise an amount of Rs. 2,79,313/- (Rupees Two Lakhs Seventy nine Thousand Three Hundred Thirteen Only) with interest at the rate of 6% per annum from the date of suit till the date of realisation with costs from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Shaharudheen Kutty
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Agricultural Loan Application dated 16/12/2022, Loan sanction memorandum dated 16/12/2022, Office copy of Advocate notice dated 16/11/2024, Account statement for the period from 01/01/2021 to 02/11/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sowfiuar I
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- U.Ullas Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dhanya Mohan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of an outstanding loan amount.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Agricultural Loan application
Submitted By:
Plaintiff
Relevance:
Proves the request for a loan by the defendant.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Provides context for the loan application.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Establishes the ownership of land by the defendant.
Reference:
Ext.A3
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Details terms of the loan sanctioned to the defendant.
Reference:
Ext.A4
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the debt acknowledged by the defendant.
Reference:
Ext.A5
Document Type:
Memorandum of Agreement for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
Confirms the agreement for the agricultural loan.
Reference:
Ext.A6
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Affirms the defendant's undertaking regarding the loan.
Reference:
Ext.A7
Document Type:
Hypothecation Letter
Submitted By:
Plaintiff
Relevance:
Documents the hypothecation of assets for the loan.
Reference:
Ext.A8
Document Type:
Receipt of Advance Payment
Submitted By:
Plaintiff
Relevance:
Proof of advance payment for the purchase of cattle.
Reference:
Ext.A9
Document Type:
Sale Letter of Milched Cows
Submitted By:
Plaintiff
Relevance:
Covers the sale confirmation of cattle purchased.
Reference:
Ext.A10
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
Shows the legal notice sent for recovery of the loan amount.
Reference:
Ext.A11
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendant.
Reference:
Ext.A12
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Details the defendant's loan transactions and outstanding balance.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Shaharudheen Kutty regarding realisation of money
Case Code Year
Case between Canara Bank vs Shaharudheen Kutty regarding realisation of money