Case Summary
The plaintiff, M/s.Canara Bank, filed suit against the defendant, Syju.S., for the recovery of a loan amount. The defendant defaulted on repayment obligations under the loan agreement with the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs. 2,96,850/- with interest.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, awarding them the principal amount due along with interest. The defendant is ordered to pay a total of Rs. 2,96,850/- with applicable interest.
Why Plaintiff Won:
Plaintiff proved the claim through evidence and documents presented in court.
Plaintiff proved the claim through evidence and documents presented in court.
Losing Side's Weaknesses:
Plaintiff proved the claim through evidence and documents presented in court.
Plaintiff proved the claim through evidence and documents presented in court.
Supporting Evidence
The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendant is 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. 2,96,850/- (Rupees Two Lakh Ninety Six Thousand Eight Hundred and Fifty only) with 10.85% interest per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation with costs, from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s.Canara Bank
- Relation
- represented by it’s Senior Manager
- Party Role
- Defendant
- Party Name
- Syju.S.
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Loan Application Form, Project Report, Copy of Rent Agreement, D & O licence, Quotation issued by M/s.BASS Agencies, Sanction Memorandum, Agreement Cum Deed of Hypothecation, Particulars of Hypothecation, Bill, Acknowledgment of Debt and Security, Office copy of Advocate Notice, Postal Receipt, Acknowledgment Card, Statement of Accounts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I.Sowfiuar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- U.Ullaskumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dhanya Mohan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is granted recovery of Rs.2,96,850/- along with interest.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs.2,96,850/- (Rupees Two Lakh Ninety Six Thousand Eight Hundred and Fifty only) with 10.85% interest per annum from the date of the suit till the date of decree.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's claim of loan disbursement.
Reference:
Ext.A1
Document Type:
Project Report
Submitted By:
Plaintiff
Relevance:
Supports the purpose of the loan availed by the defendant.
Reference:
Ext.A2
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the business location relevant to the loan.
Reference:
Ext.A3
Document Type:
D & O Licence
Submitted By:
Plaintiff
Relevance:
Confirms operational legality of the defendant's business.
Reference:
Ext.A4
Document Type:
Quotation
Submitted By:
Plaintiff
Relevance:
Demonstrates intended business expenditures by the defendant.
Reference:
Ext.A5
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Documents the loan sanction by the plaintiff.
Reference:
Ext.A6
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Outlines the terms of security for the loan agreement.
Reference:
Ext.A7
Document Type:
Particulars of Hypothecation
Submitted By:
Plaintiff
Relevance:
Details secured assets under the hypothecation.
Reference:
Ext.A8
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
Validates financial transactions linked to the loan.
Reference:
Ext.A9
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Confirms the defendant's acknowledgment of the debt.
Reference:
Ext.A10
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of demand for repayment.
Reference:
Ext.A11
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Validates the sending of the demand notice.
Reference:
Ext.A12
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proves receipt of the demand notice by the defendant.
Reference:
Ext.A13
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount due from the defendant.
Reference:
Ext.A14
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 Syju.S. regarding Realisation of Money
Case Code Year
Case between M/s.Canara Bank vs Syju.S. regarding Realisation of Money