Case Summary
Canara Bank has filed a suit against Abdul Nazar.K for the recovery of loans amounting to Rs.17,08,021/-. The case involves allegations of default on the repayment of two loans taken by the defendant for business purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff an amount of Rs.17,08,021/- with interest along with costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the total amount due along with interest.
Why Plaintiff Won:
The evidence adduced by the plaintiff stands unchallenged, and the claim was proven based on the unrebutted testimony and documents.
The evidence adduced by the plaintiff stands unchallenged, and the claim was proven based on the unrebutted testimony and documents.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff stands unchallenged, and the claim was proven based on the unrebutted testimony and documents.
The evidence adduced by the plaintiff stands unchallenged, and the claim was proven based on the unrebutted testimony and documents.
Supporting Evidence
From the unrebutted testimony of PW1 coupled with Exts. A1 to A8, it is found that the plaint claim stands proved...
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1) The defendant is directed to pay to the plaintiff, an amount of Rs.17,08,021/- with interest...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Koothali Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Abdul Nazar.K
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Agreement cum deed of Hypothecation dated 09.03.2018, Deed of Hypothecation Re: Machinery dated 09.03.2018, Cash credit agreement dated 09.03.2018, Promissory note dated 09.03.2018, Acknowledgment of debt dated 20.01.2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anil. G
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.P.Sasidharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Ramachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Narayanan. M.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the total sum due along with interest.
Evidence:
In the result, the suit is decreed with costs as follows: 1)The defendant is directed to pay to the plaintiff, an amount of Rs.17,08,021/- (Rupees seventeen lakh eight thousand and twenty one only) with interest at the rate of 10.45% per annum from the date of institution of the suit till the date of decree...
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs from the defendant.
Evidence:
2)The plaintiff is entitled to realize costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
The agreement executed by defendant in favour of plaintiff bank regarding the loan.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation re: machinery
Submitted By:
Plaintiff
Relevance:
The deed executed by defendant in favour of plaintiff bank concerning machinery.
Reference:
Ext.A2
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
The cash credit agreement executed by defendant in favour of plaintiff bank.
Reference:
Ext.A3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The promissory note executed by defendant in favour of plaintiff bank.
Reference:
Ext.A4
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
The request for overdraft executed by defendant in favour of plaintiff bank.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
The acknowledgment of debt executed by defendant in favour of plaintiff bank.
Reference:
Ext.A6
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
The statement of account maintained by defendant before plaintiff bank showing outstanding dues.
Reference:
Ext.A7
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
The statement of account maintained by defendant before plaintiff bank showing outstanding dues.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Non-payment of rent
Case Code
C.S.
Case Code Year
2023