Case Summary
The plaintiff, Canara Bank, is seeking to recover a loan amount due from the defendants. The defendants defaulted on repayment of the loan sanctioned for business purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay the sum of 4,51,856.14/- with interest at 6% per annum from the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The defendants are ordered to pay the outstanding amount along with interest.
Why Plaintiff Won:
The evidence supports the plaintiff's entitlement to the claimed amount.
The evidence supports the plaintiff's entitlement to the claimed amount.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case 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 4,51,856.14/- with interest thereon at the rate of 6% per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Sumi Ajesh
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M/s Good Shephered
Plaintiffs Documents
Original Application, Sanction memorandum, Promissory Note, Cash Credit Agreement, Letter of undertaking, Request for over draft facilities, Copy of statement of account, Copy of Lawyer’s Notice, Postal Receipt, Returned cover
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:
Damages
Outcome:
Granted
Description:
Defendants to pay the sum of Rs. 4,51,856.14/- with interest.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of 4,51,856.14/- (Rupees four lakh fifty one thousand eight hundred and fifty six and fourteen paise only) with interest thereon at the rate of 6% per annum for the principal amount of 4,00,000/- (Rupees four lakh only) from the date of decree till its realization.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Original Application
Submitted By:
Plaintiff
Relevance:
Document related to the loan application made by the defendants.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan sanctioning by the bank.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Document where the defendants promised to repay the borrowed amount.
Reference:
Ext.A3
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Agreement outlining the terms of the cash credit facility provided.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Document wherein defendants undertook to adhere to repayment terms.
Reference:
Ext.A5
Document Type:
Request for Over Draft facilities
Submitted By:
Plaintiff
Relevance:
Request made by the defendants pertaining to overdraft facilities related to the loan.
Reference:
Ext.A6
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
Document evidencing the transactions and outstanding balance of the loan.
Reference:
Ext.A7
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants regarding loan arrears.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Document providing evidence of the notice sent to the defendants.
Reference:
Ext.A9
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Cover indicating the return of the notice sent to defendants.
Reference:
Ext.A10
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Another instance of the returned cover related to the notice.
Reference:
Ext.A10(a)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Sumi Ajesh et al regarding realization of money
Case Code Year
Case between Canara Bank vs Sumi Ajesh et al regarding realization of money