Case Summary
The plaintiff, M/s.Canara Bank, filed a suit for the recovery of money from the defendants who took a loan and failed to repay it. The suit seeks to recover a total amount owed of Rs.6,61,264/- along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.6,61,264/- with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the total amount of Rs.6,61,264/- along with specified interest from the defendants.
Why Plaintiff Won:
The plaintiff provided sufficient evidence establishing the defendants' indebtedness.
The plaintiff provided sufficient evidence establishing the defendants' indebtedness.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendants are indebted to the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs.6,61,264/- ... with costs, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s.Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s.Dhanya Swayam Sahaya Sangam
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Smt. Jumailath
- Party Age
- 55
- Relation
- W/o Rasheed
- Party Role
- Defendant
- Party Name
- Sabeera
- Party Age
- 46
- Relation
- W/o Rahim
- Party Role
- Defendant
- Party Name
- Sunitha
- Party Age
- 43
- Relation
- W/o Bahseerkutty
- Party Role
- Defendant
- Party Name
- Renu Justus
- Party Age
- 55
- Relation
- W/o Justus Joseph
Plaintiffs Documents
Loan Application dated 16/07/2013, Copy of Minutes, Registration Certificate, Sanction Memorandum, Article of Agreement, Inter-Se Agreement, Registered Legal Notice, Postal Receipts, Copy of Limitation Extension Order, Statement of Accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I.Sowfiuar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- U.Ullas Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount due from the defendants.
Evidence:
The plaintiff is entitled to realise an amount of Rs.6,61,264/- (Rupees Six Lakh Sixty One Thousand Two Hundred and Sixty Four only) from the defendants and their assets with interest thereon at the rate of 12.75% per annum from the date of the suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit are awarded to the plaintiff.
Evidence:
Hence, there is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Proves the availing of loan by the defendants.
Reference:
Ext.A1
Document Type:
Copy of Minutes, Registration Certificate and Saving Details
Submitted By:
Plaintiff
Relevance:
Supports the claim regarding the loan approval and details.
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Details the sanction of the loan amount.
Reference:
Ext.A3
Document Type:
Article of Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the loan agreement.
Reference:
Ext.A4
Document Type:
Inter-Se- Agreement
Submitted By:
Plaintiff
Relevance:
Clarifies obligations among defendants regarding loan repayment.
Reference:
Ext.A5
Document Type:
Registered legal notice
Submitted By:
Plaintiff
Relevance:
Documents the demand for repayment sent to the defendants.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Provides proof of sending the legal notice.
Reference:
Ext.A7
Document Type:
Copy of Limitation Extension Order
Submitted By:
Plaintiff
Relevance:
Indicates the extension of limitation period for legal action.
Reference:
Ext.A8
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Details the outstanding amount due from the defendants.
Reference:
Ext.A9
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 M/s.Dhanya Swayam Sahaya Sangam et al regarding Realisation of Money
Case Code Year
Case between M/s.Canara Bank vs M/s.Dhanya Swayam Sahaya Sangam et al regarding Realisation of Money