Case Summary
M/s. Canara Bank filed a suit against Nizamudeen for the recovery of a business loan amounting to Rs. 3,05,850.94. The defendant failed to repay the loan despite receiving a legal notice demanding payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 3,05,850.94 together with interest at the rate of 6% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, entitling them to recover Rs. 3,05,850.94 from the defendant along with interest and costs.
Why Plaintiff Won:
The plaintiff successfully proved the case with sufficient evidence and the defendant failed to provide evidence to rebut the claims.
The plaintiff successfully proved the case with sufficient evidence and the defendant failed to provide evidence to rebut the claims.
Losing Side's Weaknesses:
The plaintiff successfully proved the case with sufficient evidence and the defendant failed to provide evidence to rebut the claims.
The plaintiff successfully proved the case with sufficient evidence and the defendant failed to provide evidence to rebut the claims.
Supporting Evidence
By producing Exts.A1 to A11 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: (i) The plaintiff is entitled to realise an amount of Rs. 3,05,850.94 together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Canara Bank
- Relation
- represented by its Chief Manager Mr.Pritish Vasanth
- Party Role
- Defendant
- Party Name
- Nizamudeen @ Nissamudeen
- Party Age
- 49
- Relation
- S/o.Aliyarukunju
Plaintiffs Documents
Authorization letter dated 14/10/2022, Application for credit facility dated 15/11/2019, Sanction letter dated 20/11/2019, Letter of undertaking dated 20/11/2019, Composite hypothecation agreement dated 20/11/2019, Letter of renewal dated 03/04/2021, Sanction memorandum dated 03/04/2021, Letter of undertaking re: Loans/ Advances dated 03/04/2021, Office copy of advocate notice dated 12/01/2023, Postal receipt dated 12/01/2023, Account statement for the period from 01/04/2019 to 12/12/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith A Khader
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jasmin M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- PEROOR G. ANIL KUMAR
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs. 3,05,850.94 together with interest.
Evidence:
In the result, the suit is decreed as follows: (i) The plaintiff is entitled to realise an amount of Rs. 3,05,850.94/- (Rupees Three Lakhs Five Thousand Eight Hundred and Fifty and Paise Ninety Four Only) together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendant and from his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Evidence:
In the result, the suit is decreed as follows: (ii) The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Authorization letter dated 14/10/2022 produced to establish the plaintiff's authority.
Reference:
Ext.A1
Document Type:
Application for credit facility
Submitted By:
Plaintiff
Relevance:
Application for credit facility dated 15/11/2019 submitted by the defendant for the loan.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter dated 20/11/2019 confirming the approval of the loan.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Letter of undertaking dated 20/11/2019 outlining the agreement terms for the loan.
Reference:
Ext.A4
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Composite hypothecation agreement dated 20/11/2019 related to the loan.
Reference:
Ext.A5
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Letter of renewal dated 03/04/2021 for the loan facility.
Reference:
Ext.A6
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Sanction memorandum dated 03/04/2021 regarding the loan renewal.
Reference:
Ext.A7
Document Type:
Letter of undertaking re: Loans/Advances
Submitted By:
Plaintiff
Relevance:
Letter of undertaking regarding loans/advances dated 03/04/2021.
Reference:
Ext.A8
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
Office copy of advocate notice dated 12/01/2023 demanding payment from the defendant.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 12/01/2023 evidencing delivery of the advocate notice.
Reference:
Ext.A10
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement for the period from 01/04/2019 to 12/12/2022 showing outstanding amounts.
Reference:
Ext.A11
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 vs Nizamudeen @ Nissamudeen regarding realisation of money.
Case Code Year
Case between M/s. Canara Bank vs Nizamudeen @ Nissamudeen regarding realisation of money.