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ORIGINAL SUIT No. 94 OF 2018

Case between Canara Bank vs Shiba Garments et al regarding realization of money

Court
THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-10-23
Duration

Judgement document from eCourt website

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Case Summary

Canara Bank filed a suit against Shiba Garments and its partners for defaulting on loan repayments. The court found the defendants liable for the amount owed to the bank.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, granting them the amount claimed due to the defendants' failure to repay the loan.
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs. 6,44,173/- with interest and costs to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided reliable evidence proving the defendants' liability.

Judgment Evidence:

In the result, the suit is decreed as follows. Defendants are directed to pay an amount of Rs. 6,44,173/- (Rupees Six Lakh Forty Four Thousand One Hundred and Seventy Three only) with interest @ 11.70% per annum from the date of suit till its realization, to the plaintiff.

Parties Involved

Plaintiffs

Canara Bank (Age not specified years) 112, J.C. Road, Bangalore - 560 002

Defendants

Shiba Garments (Age not specified years) Tharammal Complex, Near Bus Stand, Tanur Noushad Ali (40 years years) Veluvil Housed, Keraladheeswarapuram amsom & Post, Tirur Taluk Noushad Ali (40 years years) Veluvil Housed, Keraladheeswarapuram amsom & Post, Tirur Taluk Saifunnisa.T. (38 years years) Mullamadakal House, Areekad, Ponmundam amsom & Post, Tirur Taluk

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff requested the recovery of Rs. 6,44,173/- with interest.
Evidence:
Defendants are directed to pay an amount of Rs. 6,44,173/- (Rupees Six Lakh Forty Four Thousand One Hundred and Seventy Three only) with interest @ 11.70% per annum from the date of suit till its realization, to the plaintiff.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff was granted costs of the suit.
Evidence:
Defendants are directed to pay costs of the suit to the plaintiff.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
The loan application dated 17.06.2015 was used to establish the loan agreement.
Reference:
Ext.A1
Document Type: Sanction Memorandum
Submitted By: Plaintiff
Relevance:
The Sanction Memorandum dated 17.06.2015 was relevant to the loan's approval.
Reference:
Ext.A2
Document Type: Composite Loan Agreement
Submitted By: Plaintiff
Relevance:
The Composite Loan Agreement dated 17.06.2015 established the terms of the loan.
Reference:
Ext.A3
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
The Guarantee Agreement with Guarantee Covering Letter dated 17.06.2015 outlined the obligation to repay the loan.
Reference:
Ext.A4
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
Another Guarantee Agreement with Guarantee Covering Letter dated 17.06.2015 was also part of the evidence.
Reference:
Ext.A5
Document Type: Registered Lawyer Notice
Submitted By: Plaintiff
Relevance:
The copy of the registered Lawyer Notice dated 10.01.2018 was submitted as part of the evidence.
Reference:
Ext.A6
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
The statement of accounts showing the details of the loan transaction was provided to support the claim.
Reference:
Ext.A7

Quick Facts

Location
Case Filed
Outcome Confidence
95%

Involved Entities

Bank

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