Case Summary
The plaintiff, M/s Canara bank, is seeking the realization of a loan amount from the defendant, Ajayan, who failed to repay as agreed. The defendant has not appeared in court despite notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.3,18,021/- with interest at the rate of 6% per annum from the date of suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for the amount due under the loan agreement. The defendant is ordered to pay the principal plus interest.
Why Plaintiff Won:
The plaintiff proved their case with sufficient evidence and the defendant failed to contest the suit.
The plaintiff proved their case with sufficient evidence and the defendant failed to contest the suit.
Losing Side's Weaknesses:
The plaintiff proved their case with sufficient evidence and the defendant failed to contest the suit.
The plaintiff proved their case with sufficient evidence and the defendant failed to contest the suit.
Supporting Evidence
By producing Exts. A1 to A19 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.3,18,021/- (Rupees Three Lakhs Eighteen Thousand and Twenty One Only) with interest at the rate of 6% per annum from the date of suit till the date of realistation from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Canara bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Ajayan
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Application for MSEs loan dated 16/11/2017, MSMe Udyog Aadhaar Registration Certificate, Rent agreement dated 02/08/2017, Land tax receipt dated 09/08/2017, Thandaper account of the property, Possession certificate dated 17/06/2017, Location certificate dated 11/08/2017, Location map No.3042/2017, Quotations from various establishments, Sanction memorandum dated 07/11/2017, Deed of hypothecation dated 16/11/2017, Letter of undertaking dated 16/11/2017, Particulars of vehicles dated 16/11/2017, D & O License dated 06/02/2018, Acknowledgments of debt dated 14/02/2020 and 09/12/2022, Office copy of lawyer’s notice dated 04/09/2024, Postal receipt, Statement of account for the period from 16/11/2017 to 03/09/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I. Sowfiuar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- U.Ullas Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dhanya Mohan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.3,18,021/- from the defendant.
Evidence:
Hence, the plaintiff is entitled to realise an amount of Rs.3,18,021/- (Rupees Three Lakhs Eighteen Thousand and Twenty One Only) with interest at the rate of 6% per annum from the date of suit till the date of realistation from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Application for MSEs loan
Submitted By:
Plaintiff
Relevance:
This document is the application for the loan that initiated the financial agreement between the plaintiff bank and the defendant.
Reference:
Ext.A1
Document Type:
MSMe Udyog Aadhar Registration Certificate
Submitted By:
Plaintiff
Relevance:
This document verifies the registration of the defendant's business, supporting the loan application.
Reference:
Ext.A2
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the business location for which the loan was sanctioned.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership and liability related to the property linked with the loan.
Reference:
Ext.A4
Document Type:
Thandaper Account
Submitted By:
Plaintiff
Relevance:
This document demonstrates the legal standing of the property owned by the defendant.
Reference:
Ext.A5
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This document confirms the defendant's possession of the property tied to the loan.
Reference:
Ext.A6
Document Type:
Location Certificate
Submitted By:
Plaintiff
Relevance:
This certificate defines the whereabouts of the business premises for which the loan was granted.
Reference:
Ext.A7
Document Type:
Location Map
Submitted By:
Plaintiff
Relevance:
This map provides geographical context and details regarding the business location.
Reference:
Ext.A8
Document Type:
Quotation from various establishments
Submitted By:
Plaintiff
Relevance:
This document includes estimates pertinent to the planned business operations supported by the loan.
Reference:
Ext.A9
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document outlines the terms and conditions under which the loan was approved.
Reference:
Ext.A10
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This deed legally binds the secured asset for the loan provided to the defendant.
Reference:
Ext.A11
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This letter contains commitments made by the defendant regarding the loan.
Reference:
Ext.A12
Document Type:
Particulars of Vehicles
Submitted By:
Plaintiff
Relevance:
This document lists the assets involved or linked with the loan agreement.
Reference:
Ext.A13
Document Type:
D & O License
Submitted By:
Plaintiff
Relevance:
This license is essential for the operation of the defendant's business.
Reference:
Ext.A14
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
These acknowledgments confirm the defendant's debts and the terms concerning the collateral.
Reference:
Ext.A15 and A16
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This notice was served to inform the defendant of the legal actions due to defaults.
Reference:
Ext.A17
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt provides proof of communication concerning the legal notice.
Reference:
Ext.A18
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement details the financial transactions related to the loan.
Reference:
Ext.A19
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between M/s Canara bank vs Ajayan regarding Realisation of Money
Case Code Year
Case between M/s Canara bank vs Ajayan regarding Realisation of Money