Case Summary
Canara Bank is seeking to recover money owed by Sri. Nibu A.N due to a loan that was not repaid. The court found in favor of Canara Bank based on the evidence presented.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay the plaintiff ₹4,57,513.69 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, Canara Bank, with the defendant ordered to pay an amount of ₹4,57,513.69 along with interest.
Why Plaintiff Won:
The case of the plaintiff stands proved.
The case of the plaintiff stands proved.
Losing Side's Weaknesses:
The case of the plaintiff stands proved.
The case of the plaintiff stands proved.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 4,57,513.69/- (Rupees four lakh fifty seven thousand five hundred and thirteen and sixty nine paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Kalamasserry Branch
- Party Role
- Defendant
- Party Name
- Sri. Nibu A.N
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Application to credit facilities to Micro and Small Enterprises, Sanction Letter, Letter of undertaking, Composite Hypothication Agreement, Demand Promissory Note, Acknowledgment of debt, Computer print out of Statement of account, Office copy of lawyer notice, Postal Acknowledgment Card, Postal Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. V Prakasan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A. B Shrilatha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sindhu P. N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the amount due from the defendant.
Evidence:
I am of the opinion that the plaintiff is entitled to recover the same from the defendant, with interest from the date of suit.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff granted costs of the suit.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Application to credit facilities to Micro and Small Enterprises
Submitted By:
Plaintiff
Relevance:
Document submitted to support the loan application.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document indicating approval of the loan.
Reference:
Ext.A2
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Document outlining the borrower's commitments.
Reference:
Ext.A3
Document Type:
Composite Hypothication Agreement
Submitted By:
Plaintiff
Relevance:
Agreement regarding the collateral for the loan.
Reference:
Ext.A4
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the borrower's promise to pay.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document showing the defendant acknowledged the owed amount.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Further acknowledgment of debt by the defendant.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document affirming debt and the security provided.
Reference:
Ext.A8
Document Type:
Computer print out of Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement detailing transactions related to the loan.
Reference:
Ext.A9
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the debt.
Reference:
Ext.A10
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Confirmation of receipt of documents sent to the defendant.
Reference:
Ext.A11
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for postal correspondence related to the suit.
Reference:
Ext.A12
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 Sri. Nibu A.N regarding realisation of money
Case Code Year
Case between Canara Bank vs Sri. Nibu A.N regarding realisation of money