Case Summary
Canara Bank has filed a suit against M/s Amigos Unisex Saloon and its proprietor for the recovery of a loan amount due. The defendants defaulted on the repayment of a term loan of Rs.5,00,000/- that was sanctioned for business purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.5,55,839/- from the defendants along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiff, awarding them the total amount due along with interest. The defendants failed to appear in court and were proceeded against ex parte.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff's witness and the documents produced establish the plaintiff's claim.
The unrebutted oral testimony of the plaintiff's witness and the documents produced establish the plaintiff's claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A8 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.5,55,839/- (Rupees five Lakh Fifty Five thousand eight hundred and Thirty Nine only) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Branch Manager, Sri Sony T John, S/o. Thomas John
- Party Role
- Defendant
- Party Name
- M/s Amigos Unisex Saloon
- Relation
- rep. Proprietor Mr. Shiyas M.H.
- Party Role
- Defendant
- Party Name
- Mr M.H Shiyas
- Party Age
- 45
- Relation
- S/o Hameed
Plaintiffs Documents
Copy of authorization letter dated 15.11.2024, Original loan application dated 15.11.2021, Original loan sanction memorandum dated 19.11.2021, Original agreement cum deed of hypothecation dated 19.11.2021, Original letter of undertaking dated 19.11.2021, Original promissory note dated 19.11.2021, Copy of lawyer’s notice dated 17.10.2022, Original acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Ramesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kavya P Prasad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.5,55,839/- from the defendants and from their assets.
Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize an amount of Rs.5,55,839/- (Rupees five Lakh Fifty Five thousand eight hundred and Thirty Nine only) from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.5,55,839/- from the date of suit till date decree.
Evidence:
2. Plaintiff is entitled to realize interest @ 12% per annum for Rs.5,55,839/- (Rupees five Lakh Fifty Five thousand eight hundred and Thirty Nine only) from the date of suit till date decree.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.5,55,839/- from date of decree till date of realization.
Evidence:
3. Plaintiff is entitled to realize interest @ 6% per annum for Rs.5,55,839/- (Rupees five Lakh Fifty Five thousand eight hundred and Thirty Nine only) from date of decree till date of realization.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Evidence:
4. Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Copy of authorization letter dated 15.11.2024 marked subject to proof.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 15.11.2021.
Reference:
Ext.A2
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Original loan sanction memorandum dated 19.11.2021.
Reference:
Ext.A3
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original agreement cum deed of hypothecation dated 19.11.2021.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking dated 19.11.2021.
Reference:
Ext.A5
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note dated 19.11.2021.
Reference:
Ext.A6
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer’s notice dated 17.10.2022.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original acknowledgment card.
Reference:
Ext.A8
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The unrebutted oral testimony of PW1 established the case as pleaded by the plaintiff.
Reference:
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 vs M/s Amigos Unisex Saloon regarding realization of money.
Case Code Year
Case between Canara Bank vs M/s Amigos Unisex Saloon regarding realization of money.