Case Summary
The plaintiff, M/s. Canara Bank, has filed this suit against M/s. Riya Marketing and its proprietrix, Smt. Thallajam Shajilal, for the realization of a loan amount due. The defendants defaulted on repayment despite having availed the loans and acknowledging the debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.4,70,619/- with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets with costs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the due amount. The court found that the plaintiff successfully proved the case.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
By producing Ext.A1 to A25 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: The plaintiff is entitled to realize an amount of Rs.4,70,619/- with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s.Canara Bank
- Relation
- Chief Manager and Power of Attorney holder of M/S.Canara Bank, Kundara Branch
- Party Role
- Defendant
- Party Name
- M/s. Riya Marketing
- Relation
- represented by its Proprietrix Smt.Thallajam Shajilal
- Party Role
- Defendant
- Party Name
- Thallajam Shajilal
- Party Age
- 54
- Relation
- W/o. Shajilal
- Party Role
- Defendant
- Party Name
- Shajilal M.P.
- Party Age
- 56
- Relation
- S/o. K.Pappachan
Plaintiffs Documents
Ext.A1 to A25 including loan applications, agreement documents, and notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Sowfiuar I
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.4,70,619/- from the defendants.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Copy of Gazette Notification
Submitted By:
Plaintiff
Relevance:
This document is related to the amalgamation of Syndicate Bank with M/s. Canara Bank.
Reference:
Ext.A1
Document Type:
Loan application for Credit Facilities to Micro and Small Enterprises
Submitted By:
Plaintiff
Relevance:
This document is the loan application submitted by the 2nd defendant.
Reference:
Ext.A2
Document Type:
Copy of Rent agreement
Submitted By:
Plaintiff
Relevance:
This document serves as collateral for the loan.
Reference:
Ext.A3
Document Type:
Application and recommendation from District Khadi and Village Industries Office
Submitted By:
Plaintiff
Relevance:
This recommendation supports the loan application.
Reference:
Ext.A4
Document Type:
Estimation of business for coming five years
Submitted By:
Plaintiff
Relevance:
This business estimate outlines the financial projections related to the loan.
Reference:
Ext.A5
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This letter confirms the approval of the initial loan.
Reference:
Ext.A6
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document secures the loan against the assets.
Reference:
Ext.A7
Document Type:
Stamped receipt
Submitted By:
Plaintiff
Relevance:
This receipt confirms the disbursal of Rs. 4 lakhs.
Reference:
Ext.A8
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This agreement ensures repayment backed by a third party.
Reference:
Ext.A9
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
This letter is a commitment regarding the loan repayment.
Reference:
Ext.A10
Document Type:
Letter of Proprietorship
Submitted By:
Plaintiff
Relevance:
This letter establishes the ownership of the business.
Reference:
Ext.A11
Document Type:
Letter of ownership regarding hypothecated stocks
Submitted By:
Plaintiff
Relevance:
This letter provides evidence of the stocks secured against the loan.
Reference:
Ext.A12
Document Type:
Loan application for Credit Facilities to Micro and Small Enterprises
Submitted By:
Plaintiff
Relevance:
This document details an additional loan application by the defendants.
Reference:
Ext.A13
Document Type:
Project profile on repair and servicing of electrical apparatus
Submitted By:
Plaintiff
Relevance:
This document supports the business expansion loan application.
Reference:
Ext.A14
Document Type:
Quotations and cash bill
Submitted By:
Plaintiff
Relevance:
This document provides evidence for expenses related to business operations.
Reference:
Ext.A15
Document Type:
Letter from District Khadi and Village Industries Office
Submitted By:
Plaintiff
Relevance:
This letter includes information relevant to the loan application.
Reference:
Ext.A16
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This letter confirms the sanctioning of the additional loan.
Reference:
Ext.A17
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document secures the additional loan against business assets.
Reference:
Ext.A18
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This guarantees that the third defendant is liable for loan repayment.
Reference:
Ext.A19
Document Type:
Stamp cash receipt
Submitted By:
Plaintiff
Relevance:
This document confirms a transaction related to the loan.
Reference:
Ext.A20
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the debt incurred by the defendants.
Reference:
Ext.A21
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants regarding repayment.
Reference:
Ext.A22
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt supports the sending of the legal notice.
Reference:
Ext.A23
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document includes financial details relating to one of the loan accounts.
Reference:
Ext.A24
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document includes financial details relating to another loan account.
Reference:
Ext.A25
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 M/s.Riya Marketing et al regarding realization of money
Case Code Year
Case between M/s.Canara Bank vs M/s.Riya Marketing et al regarding realization of money