Case Summary
The plaintiff, Canara Bank, is seeking to realize a loan amount from the defendant, Sangeeth Kumar P.S., due to default on payments. The bank sanctioned a loan for the defendant's business, which he failed to repay.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize a sum of Rs.7,92,696.48 along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount along with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiff's case was established through unrebutted oral testimony and evidence presented.
The plaintiff's case was established through unrebutted oral testimony and evidence presented.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 to A8 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim and Exhibits.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.7,92,696.48 from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Mr. Sangeeth Kumar P.S.
- Party Age
- 31
Plaintiffs Documents
Original loan application dated 09.08.2018, Sanction Memorandum, original of composite Hypothecation agreement, original of the articles of Agreement, original letter of undertaking, Acknowledgment of Debt and Security.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saira Phiroz
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shilpa Sasi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Susan Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akhil Poppy S. Antony
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize a sum of Rs. 7,92,696.48/- from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.7,92,696.48/- from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest at 12% per annum from the date of suit until the date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.7,92,696.48/- from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest at 6% per annum from the date of decree until realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.7,92,696.48/- from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original of loan application dated 09.08.2018.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Original of sanction memorandum sanctioning an amount of Rs. 7,15,000/- to the defendant.
Reference:
Ext.A2
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original of composite hypothecation agreement executed by the defendant.
Reference:
Ext.A3
Document Type:
Articles of agreement
Submitted By:
Plaintiff
Relevance:
Original of the articles of agreement executed by the defendant.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original of letter of undertaking by all executants.
Reference:
Ext.A5
Document Type:
Letter from Borrower
Submitted By:
Plaintiff
Relevance:
Original of the letter from the borrower.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Original of the acknowledgment of debt and scrutiny.
Reference:
Ext.A7
Document Type:
Letter for Time Barred Debts
Submitted By:
Plaintiff
Relevance:
Original of letter for time barred debts.
Reference:
Ext.A8
Document Type:
Loan Account Statement
Submitted By:
Plaintiff
Relevance:
Computer printout of loan account statement, though not admitted as evidence.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Canara Bank et al vs Sangeeth Kumar P.S. regarding Realization Of Money
Case Code Year
Case between Canara Bank et al vs Sangeeth Kumar P.S. regarding Realization Of Money