Case Summary
The plaintiff, M/s. Canara Bank, is seeking recovery of a loan amount from the defendant, Laljeevan C R, who availed an overdraft facility and failed to repay. The suit was filed after the defendant did not respond to summons.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay an amount of 7,10,917.74/- with 12% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay a total sum of Rs.7,10,917.74, along with interest and litigation costs.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of 7,10,917.74/- (Rupees Seven Lakh Ten Thousand Nine Hundred and Seventeen and Paise Seventy-Four only), with 12% interest 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 Senor Manager & Principal Officer, Darvin C R
- Party Role
- Defendant
- Party Name
- Laljeevan C R
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Loan Application, Request for overdraft facility, Cash Credit Agreement, Pronote for Rs. 3,50,000/-, Letter of Renewal, Pronote for Rs. 3,00,000/-, Letter of Renewal, Acknowledgment of Debt and security, Copy of legal notice issued to the defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja R Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the due amount from the defendant.
Evidence:
The suit is decreed directing the defendants to pay an amount of 7,10,917.74/- (Rupees Seven Lakh Ten Thousand Nine Hundred and Seventeen and Paise Seventy-Four only), with 12% interest per annum from the date of suit till the date of decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the due amount from the date of suit.
Evidence:
In default, the plaintiff is entitled to recover the decree amount from the defendant and from his assets with post decretal interest @ 12% per annum.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to the costs of the litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan application made by the defendant.
Reference:
Ext.A1
Document Type:
Request for overdraft facility
Submitted By:
Plaintiff
Relevance:
Document showing the request for the overdraft facility by the defendant.
Reference:
Ext.A2
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the cash credit terms agreed upon by the defendant.
Reference:
Ext.A3
Document Type:
Promissory Note for Rs. 3,50,000/-
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the defendant acknowledging the loan amount.
Reference:
Ext.A4
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Document evidencing the renewal of the overdraft facility.
Reference:
Ext.A5
Document Type:
Promissory Note for Rs. 3,00,000/-
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the defendant for the renewed loan.
Reference:
Ext.A6
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Document evidencing the further renewal of the overdraft facility.
Reference:
Ext.A7
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Document evidencing the subsequent renewal of the overdraft facility.
Reference:
Ext.A8
Document Type:
Certified copy of statement of account
Submitted By:
Plaintiff
Relevance:
Statement showing the transactions in the defendant's overdraft account.
Reference:
Ext.A9
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document where the defendant acknowledges the debt as of 20-01-2021.
Reference:
Ext.A10
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document where the defendant acknowledges the debt as of 21-06-2022.
Reference:
Ext.A11
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the defendant regarding the outstanding debt.
Reference:
Ext.A12
Document Type:
Returned Postal Envelop
Submitted By:
Plaintiff
Relevance:
Document evidencing the return of the postal communication to the defendant.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. Canara Bank vs Laljeevan C R regarding recovery of money.
Case Code Year
Case between M/s. Canara Bank vs Laljeevan C R regarding recovery of money.