Case Summary
M/s Canara Bank filed a suit against Ajesh M S and others for the realization of money due under various loans. The defendants defaulted in repayment, leading to the suit being decreed in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.5,26,264.44/- along with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, ordering the defendants to pay a total of Rs.5,26,264.44/- along with interest. The court held the defendants personally liable to satisfy the decree debt.
Why Plaintiff Won:
Plaintiff established a case substantiated by unchallenged evidence and documentation.
Plaintiff established a case substantiated by unchallenged evidence and documentation.
Losing Side's Weaknesses:
Plaintiff established a case substantiated by unchallenged evidence and documentation.
Plaintiff established a case substantiated by unchallenged evidence and documentation.
Supporting Evidence
By virtue of Exts.A4 and A5, it is evident that the existing working capital is renewed. By virtue of Ext.A6 it is evident that repayment of defendants were irregular.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.5,26,264.44/- (Rupees Five lakhs twenty six thousand two hundred and sixty four and forty four paise only) along with interest @10.75 % per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Canara Bank
- Relation
- represented by its Manager and Principal Officer
- Party Role
- Defendant
- Party Name
- Ajesh M S
- Party Age
- 42
- Relation
- S/o Sidharthan
- Party Role
- Defendant
- Party Name
- Rony John
- Party Age
- 39
- Relation
- S/o Johny
- Party Role
- Defendant
- Party Name
- Bennet T C
- Party Age
- 56
- Relation
- S/o John Clement
Plaintiffs Documents
Hypothecation agreement dated 05.10.2018, Demand promissory note dated 05.10.2018, Guarantee agreement dated 05.10.2018, Composite Hypothecation agreement dated 04.02.2020, Guarantee agreement dated 04.02.2020, Statement of account for loan, Copy of lawyer notice dated 18.05.2022, Returned postal envelop of the notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja R Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's entitlement to recover Rs.5,26,264.44/- with interest.
Evidence:
By virtue of Exts.A4 and A5, it is evident that the existing working capital is renewed.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall be personally and their assets liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the 1st defendant in favour of M/s Syndicate Bank for securing the loan.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the 1st defendant in favour of M/s Syndicate Bank for the loan amount.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the 2nd and 3rd defendants to guarantee the loan for the 1st defendant.
Reference:
Ext.A3
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the 1st defendant in favour of M/s Syndicate Bank for the renewed working capital loan.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the 2nd and 3rd defendants for the renewed loan.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the loan account details and payment irregularities.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Copy of the loan account statement for another loan of the defendants.
Reference:
Ext.A7
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants demanding repayment.
Reference:
Ext.A8
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Envelope indicating non-service of the notice to the 1st defendant.
Reference:
Ext.A9
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Returned envelope for notices sent to the defendants.
Reference:
Ext.A10
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Another returned envelope for a notice sent to the defendants.
Reference:
Ext.A11
Document Type:
Certified copy of amalgamation notification
Submitted By:
Plaintiff
Relevance:
Notification of the amalgamation of M/s Syndicate Bank with M/s Canara Bank.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s Canara Bank vs Ajesh M S et al regarding realization of money
Case Code Year
Case between M/s Canara Bank vs Ajesh M S et al regarding realization of money