Case Summary
Canara Bank filed a suit against Siraj Ali Mohammed and M/s Fidha Boutique for recovery of a loan amount. The defendants failed to repay the loan, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹3,48,315.88 with 8.88% interest per annum from the date of suit till the date of decree
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of Canara Bank, ordering the defendants to pay ₹3,48,315.88 with interest.
Why Plaintiff Won:
The proof affidavit and documents satisfactorily proved the plaint claim.
The proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of ₹3,48,315.88/- (Rupees Three Lakh Forty Eight Thousand Three Hundred Fifteen and Eighty Eight paise only), with 8.88% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Siraj Ali Mohammed
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Fidha Boutique
- Relation
- represented by its Proprietor
Plaintiffs Documents
Sanction letter, Composite Hypothecation Agreement, Receipt, Acknowledgment of Debt, Copy of the lawyer notice issued to the defendant, Postal receipts (4 nos), Acknowledgment card, Returned cover (3 nos), Statement of account bearing A/c no. 430599 - 10000110 issued by Canara Bank for the period from 01.07.16 to 28.11.22
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Sreedutt
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy A
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The court directed the defendants to pay the outstanding loan amount with interest.
Evidence:
The suit is decreed directing the defendants to pay an amount of ₹3,48,315.88/- (Rupees Three Lakh Forty Eight Thousand Three Hundred Fifteen and Eighty Eight paise only), with 8.88% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Proves the loan sanction for the MSME Term Loan of ₹3,00,000/-.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Documents the terms secured against the loan.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledges receipt of loan amount.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Confirms the debt liability incurred by the defendants.
Reference:
Ext.A4
Document Type:
Copy of the lawyer notice issued to the defendant
Submitted By:
Plaintiff
Relevance:
Serves as notification for repayment obligations.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of legal notices to defendants.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of correspondence by the defendants.
Reference:
Ext.A7
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Demonstrates unreceived notices.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details the outstanding amount due as per bank records.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Siraj Ali Mohammed et al regarding recovery of money
Case Code Year
Case between Canara Bank vs Siraj Ali Mohammed et al regarding recovery of money