Case Summary
M/s. Canara Bank filed a suit against Nizamudeen@ Nissamudeen for the repayment of a loan amounting to Rs. 2,09,125.08 due as of 30/11/2022. The defendant defaulted on the loan repayment despite receiving a legal notice demanding payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs 2,09,125.08 with interest at the rate of 6% per annum from the date of suit till the date of realisation with costs.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff. The plaintiff is entitled to recover Rs. 2,09,125.08 with interest from the defendant.
Why Plaintiff Won:
The plaintiff has proven the case as there was no evidence to rebut the claims made.
The plaintiff has proven the case as there was no evidence to rebut the claims made.
Losing Side's Weaknesses:
The plaintiff has proven the case as there was no evidence to rebut the claims made.
The plaintiff has proven the case as there was no evidence to rebut the claims made.
Supporting Evidence
By producing Ext. A1 to A10 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving him 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 2,09,125.08/- (Rupees Two Lakhs Nine Thousand One Hundred twenty five and Paise Eight Only) with interest at the rate of 6% per annum from the date of suit till the date of realisation with costs 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
- Nizamudeen@ Nissamudeen
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Authorization Letter dated 14/10/2022, Application for credit facility dated 24/05/2018, Sanction letter dated 25/05/2018, Letter of undertaking dated 01/06/2018, Composite hypothication agreement dated 24/05/2018, Declaration of stock dated 01/06/2018, Letter of renewal dated 19/06/2020, Advocate Notice dated 12/01/2023, Postal Receipt dated 12/01/2023, Loan account statement for the period from 01/04/2018 to 31/03/2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith A Khader
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.Gireesh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jasmine M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Peroor G.Anilkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sudeesh Babu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
This document served as proof of the plaintiff's authorization to pursue the case.
Reference:
Ext.A1
Document Type:
Application for credit facility
Submitted By:
Plaintiff
Relevance:
This application initiated the loan process for the defendant.
Reference:
Ext.A2
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
This letter confirmed the sanction of the loan to the defendant.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document outlined the terms of the defendant's loan agreement.
Reference:
Ext.A4
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This agreement provided security for the loan issued to the defendant.
Reference:
Ext.A5
Document Type:
Declaration of stock
Submitted By:
Plaintiff
Relevance:
This document declared the stock as part of the hypothecation terms.
Reference:
Ext.A6
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
This letter requested the renewal of the loan facility.
Reference:
Ext.A7
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice served as a legal demand for repayment of the outstanding loan.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt confirmed the delivery of the advocate's notice to the defendant.
Reference:
Ext.A9
Document Type:
Loan Account Statement
Submitted By:
Plaintiff
Relevance:
This statement provided a record of the loan transactions between the bank and the defendant.
Reference:
Ext.A10
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 Nizamudeen@ Nissamudeen regarding realisation of money
Case Code Year
Case between M/s. Canara Bank vs Nizamudeen@ Nissamudeen regarding realisation of money