Case Summary
The plaintiff, M/s. Canara Bank, filed a suit against M/s. Star Agencies and its proprietor for the recovery of an outstanding loan amount. The defendants failed to repay the loan as agreed, prompting the plaintiff to seek legal remedies.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.2,29,624/- with interest at the rate of 6% per annum from the date of the suit until realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff succeeded in proving their case and presented sufficient evidence to support their claim.
The plaintiff succeeded in proving their case and presented sufficient evidence to support their claim.
Losing Side's Weaknesses:
The plaintiff succeeded in proving their case and presented sufficient evidence to support their claim.
The plaintiff succeeded in proving their case and presented sufficient evidence to support their claim.
Supporting Evidence
By producing Exts. A1, A3 to A13 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.2,29,624/- (Rupees Two Lakhs Twenty nine thousand six hundred and twenty four only) with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Canara Bank, Kottiyam Branch, Kollam
- Party Role
- Defendant
- Party Name
- M/s. Star Agencies
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sunilkumar
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Loan application form for loans to Micro and Small Enterprises, GST Registration Certificate, Quotation letter from Bharath Soaps and Oils, land tax receipt, loan sanction memorandum, overdraft facility, cash credit agreement, pronote, letter of proprietorship, office copy of Lawyer’s notice, postal receipt, statement of account.
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:
Plaintiff requested to recover an amount of Rs.2,29,624/- along with interest.
Evidence:
Hence, the plaintiff is entitled to realise an amount of Rs.2,29,624/- (Rupees Two Lakhs Twenty nine thousand six hundred and twenty four 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 form for loan to micro and small enterprises
Submitted By:
Plaintiff
Relevance:
Used to establish the loan application made by the defendants.
Reference:
Ext.A1
Document Type:
GST Registration Certificate
Submitted By:
Plaintiff
Relevance:
Submitted to demonstrate the legitimacy of the defendant's business.
Reference:
Ext.A3
Document Type:
Quotation letter from Bharath Soaps and Oils
Submitted By:
Plaintiff
Relevance:
Provided as evidence to support the business activities of the defendants.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Served to show the financial dealings of the defendants.
Reference:
Ext.A5
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Details the terms agreed upon regarding the loan sanctioned.
Reference:
Ext.A6
Document Type:
Overdraft facility
Submitted By:
Plaintiff
Relevance:
Related to the financial arrangements made with the bank.
Reference:
Ext.A7
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Outlines the terms of cash credit provided to the defendants.
Reference:
Ext.A8
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Served as security for the loan and indicates defendants' promise to repay.
Reference:
Ext.A9
Document Type:
Letter of Proprietorship
Submitted By:
Plaintiff
Relevance:
Confirms the ownership of the business by the second defendant.
Reference:
Ext.A10
Document Type:
Office Copy of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Served as a formal notice regarding the outstanding debts.
Reference:
Ext.A11
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of service of the legal notice to the defendants.
Reference:
Ext.A12
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details the outstanding balance due from the defendants.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between M/s. Canara Bank, Kottiyam Branch, Kollam vs M/s. Star Agencies et al regarding realization of money.
Case Code Year
Case between M/s. Canara Bank, Kottiyam Branch, Kollam vs M/s. Star Agencies et al regarding realization of money.