Case Summary
This is a suit for realization of money involving the MANAGER, CANARA BANK as the plaintiff and SHAKE DARWESH, AMMED as the defendants. The defendants defaulted on an educational loan taken from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹57,845 with interest at 10.25% per annum from the date of suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff bank, allowing them to recover the loan amount along with interest.
Why Plaintiff Won:
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Losing Side's Weaknesses:
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Supporting Evidence
On a perusal of plaint, proof affidavit and documents the claim of the plaintiff to realize the amount from the defendants stands unchallenged and undisputed.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- MANAGER, CANARA BANK, KUTTIADI BRANCH
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- SHAIKE DARWESH
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- AMMED
- Party Age
- 67
- Relation
- S/o
Plaintiffs Documents
Application for Syndvidya Education Loan, Letter of sanction from the plaintiff bank, General Agreement executed by the defendants, Acknowledgment of debt and security from the 1st defendant, Notification by Central Government after consultation with RBI, Copy of Lawyer Notice sent by Adv. Ramesan Katayamkottummal to the defendants, Postal Receipt, Postal Acknowledgment Card signed by the 2nd defendant, Statement of Account of Shaike Darwesh.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ramesan Katayamkottummal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of ₹57,845/- with interest.
Evidence:
Hence, the suit is decreed with costs as follows: The plaintiff is entitled to realize an amount of ₹57,845/- (Rupees One Lakh Fifty Seven Thousand Eight Hundred and Forty Five only) with interest @ 10.25 % per annum, from the date of suit till the date of realization.
Documents & Evidence
Document Type:
Application for Syndvidya Education Loan
Submitted By:
Plaintiff
Relevance:
Submitted by the defendants to the plaintiff bank.
Reference:
Ext.A1
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
Sanctioned the loan in favour of the defendants.
Reference:
Ext.A2
Document Type:
General Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendants in favour of the plaintiff bank.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
From the 1st defendant to the plaintiff bank.
Reference:
Ext.A4
Document Type:
Notification by Central Government
Submitted By:
Plaintiff
Relevance:
After consultation with RBI.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. Ramesan Katayamkottummal to the defendants.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Associated with the copy of lawyer notice.
Reference:
Ext.A6 (a)
Document Type:
Unclaimed Cover with Acknowledgment
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notices sent.
Reference:
Ext.A7
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Another notice sent by Adv. Ramesan Katayamkottummal.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Associated with the second copy of lawyer notice.
Reference:
Ext.A8 (a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Signed by the 2nd defendant.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Of Shaike Darwesh from Canara Bank, Kuttiadi Branch.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between MANAGER, CANARA BANK, KUTTIADI BRANCH vs SHAKE DARWESH, AMMED regarding realization of money.
Case Code Year
Case between MANAGER, CANARA BANK, KUTTIADI BRANCH vs SHAKE DARWESH, AMMED regarding realization of money.