Case Summary
The plaintiff, M/s. Canara Bank, filed a suit against the defendants for the recovery of a loan amounting to Rs.2,43,192 due to default in repayment. The defendants did not appear in court, leading to the case being heard ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.2,43,192 with interest at the rate of 6% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding amount along with interest.
Why Plaintiff Won:
The plaintiff succeeded in proving its case through sufficient evidence and the lack of defense from the defendants.
The plaintiff succeeded in proving its case through sufficient evidence and the lack of defense from the defendants.
Losing Side's Weaknesses:
The plaintiff succeeded in proving its case through sufficient evidence and the lack of defense from the defendants.
The plaintiff succeeded in proving its case through sufficient evidence and the lack of defense from the defendants.
Supporting Evidence
By producing Exts.A2, A5 to A22 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.2,43,192/- (Rupees Two Lakhs Forty Three Thousand One Hundred and Ninety Two only) with interest at the rate of 6% per annum from the date of suit till the date of realistation from the defendants and their assets with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Canara Bank
- Relation
- represented by its Chief Manager
- Party Role
- Defendant
- Party Name
- M/s. Choice Fancy Center and Mobile Shop
- Relation
- represented by Propriterix Deepa S. G
- Party Role
- Defendant
- Party Name
- Smt. Deepa S. G
- Party Age
- 37
- Relation
- W/o
Plaintiffs Documents
Loan application for credit facilities, Loan sanction letter, Composite hypothecation agreement, and other relevant documents.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I.Sowfiuar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- U. Ullas Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise an amount of Rs.2,43,192/- with interest.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.2,43,192/- (Rupees Two Lakhs Forty Three Thousand One Hundred and Ninety Two only) with interest at the rate of 6% per annum from the date of suit till the date of realisation from the defendants and their assets with costs.
Documents & Evidence
Document Type:
Loan application for Credit Facilities to Micro and Small Enterprises
Submitted By:
Plaintiff
Relevance:
It serves as evidence for the loan requested by the defendants.
Reference:
Ext.A2
Document Type:
Copy of D & O License
Submitted By:
Plaintiff
Relevance:
It establishes the legitimacy of the business entity operated by the defendants.
Reference:
Ext.A5
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
It confirms the terms of the loan granted to the defendants.
Reference:
Ext.A6
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
It documents the hypothecation of stock in trade as security for the loan.
Reference:
Ext.A7
Document Type:
Stamped receipt
Submitted By:
Plaintiff
Relevance:
It serves as proof of the receipt for loan execution.
Reference:
Ext.A8
Document Type:
Letter of undertaking for compliance of post release terms and condition
Submitted By:
Plaintiff
Relevance:
It outlines the obligations of the defendants post-loan sanction.
Reference:
Ext.A9
Document Type:
Declaration regarding ownership of stock as charged as security
Submitted By:
Plaintiff
Relevance:
It affirms the ownership of stock which acts as security.
Reference:
Ext.A10
Document Type:
Letter of Proprietorship
Submitted By:
Plaintiff
Relevance:
It verifies the proprietorship of the business.
Reference:
Ext.A11
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
It documents the additional loan application submitted by the defendants.
Reference:
Ext.A12
Document Type:
Pronote for Rs.31,000
Submitted By:
Plaintiff
Relevance:
It serves as acknowledgment for the additional loan availed.
Reference:
Ext.A13
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
It outlines the terms accepted by the defendants for the additional loan.
Reference:
Ext.A14
Document Type:
Link letter
Submitted By:
Plaintiff
Relevance:
It connects various loan-related documents.
Reference:
Ext.A15
Document Type:
Offer letter
Submitted By:
Plaintiff
Relevance:
It details the offer made to the defendants regarding the loan.
Reference:
Ext.A16
Document Type:
Letter of Proprietorship
Submitted By:
Plaintiff
Relevance:
It reiterates the ownership of the business by the defendants.
Reference:
Ext.A17
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
It formalizes the hypothecation agreement related to the loan.
Reference:
Ext.A18
Document Type:
Office Copy of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
It documents the legal notice sent to the defendants for repayment.
Reference:
Ext.A19
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
It provides proof of delivery of the legal notice.
Reference:
Ext.A20
Document Type:
Statement of account for General and Agri Advances
Submitted By:
Plaintiff
Relevance:
It details the financial transactions and outstanding amount due.
Reference:
Ext.A21
Document Type:
Statement of account for General and Agri Advances
Submitted By:
Plaintiff
Relevance:
It further documents the financial transactions related to the loan.
Reference:
Ext.A22
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Canara Bank et al vs M/s. Choice Fancy Center and Mobile Shop et al regarding realization of money.
Case Code Year
Case between M/s. Canara Bank et al vs M/s. Choice Fancy Center and Mobile Shop et al regarding realization of money.