Case Summary
The case involves Canara Bank seeking to recover money from MR. Jafar. P, the proprietor of Puthiyakath Hardware. The plaintiff bank claims that the defendant defaulted on loans granted for his business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to pay Rs.9,61,797/- with interest and costs
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, directing the defendant to pay Rs.9,61,797/- to the plaintiff with specified interest rates until realization. The defendant is also ordered to pay the costs of the suit.
Why Plaintiff Won:
Plaintiff proved the borrowal of the amount and the default of the payments by the defendant.
Plaintiff proved the borrowal of the amount and the default of the payments by the defendant.
Losing Side's Weaknesses:
Plaintiff proved the borrowal of the amount and the default of the payments by the defendant.
Plaintiff proved the borrowal of the amount and the default of the payments by the defendant.
Supporting Evidence
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A13.
Judgment Evidence:
In the result, The suit is decreed as follows: 1.The defendant is directed to pay Rs.9,61,797/- (Rupees Nine Lakhs Sixty One Thousand Seven Hundred And Ninety Seven Only), to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- MR. Jafar. P
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Sanction Memorandum, Request for over draft facilities, Pronote, Cash credit agreement, Acknowledgment of debt and security
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Lissy. K.K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdul Gamal Nazar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant directed to pay Rs.9,61,797/- with specified interest.
Evidence:
The suit is decreed as follows: The defendant is directed to pay Rs.9,61,797/- (Rupees Nine Lakhs Sixty One Thousand Seven Hundred And Ninety Seven Only), to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant directed to pay costs of the suit.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document evidencing approval for cash credit facility.
Reference:
Ext.A1
Document Type:
Request for Over Draft facilities
Submitted By:
Plaintiff
Relevance:
Document wherein the defendant requested for overdraft facility.
Reference:
Ext.A2
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Document signed by the defendant promising to pay the cash credit amount.
Reference:
Ext.A3
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Agreement hypothecating stock as security for cash credit.
Reference:
Ext.A4
Document Type:
Application for Resolution under Resolution Framework-2.0
Submitted By:
Plaintiff
Relevance:
Document requesting resolution framework for loan defaults.
Reference:
Ext.A5
Document Type:
Debt Restructuring Agreement
Submitted By:
Plaintiff
Relevance:
Agreement restructuring the existing debt of the defendant.
Reference:
Ext.A5(a)
Document Type:
Debtor creditor agreement
Submitted By:
Plaintiff
Relevance:
Agreement establishing the creditor-debtor relationship.
Reference:
Ext.A6
Document Type:
Application for resolution framework
Submitted By:
Plaintiff
Relevance:
Application for further loan restructuring.
Reference:
Ext.A6(a)
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the defendant's debt as of 30/12/2021.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the defendant's debt as of 27/6/2024.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the defendant's debt as of 08/08/2023.
Reference:
Ext.A9
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the defendant's debt as of 20/9/2024.
Reference:
Ext.A10
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the outstanding amount.
Reference:
Ext.A11
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the sending of legal correspondence.
Reference:
Ext.A12
Document Type:
Account statement for the period from 31-12-2018 to 02-07-2025
Submitted By:
Plaintiff
Relevance:
Document showing transactions and outstanding balances.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs MR. Jafar. P regarding realisation of money
Case Code Year
Case between Canara Bank vs MR. Jafar. P regarding realisation of money