Case Summary
Canara Bank has filed a suit against M/s.J.J.Ceramics and Granites and its partners for the recovery of a loan amounting to Rs. 14,49,161/- due to defaults in repayments. The defendants were set ex-parte as they did not enter appearance in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are jointly and severally directed to pay an amount of Rs. 14,49,161/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to jointly and severally pay the amount due along with interest.
Why Plaintiff Won:
The plaintiff successfully proved their case through the evidence of the bank manager and various documents.
The plaintiff successfully proved their case through the evidence of the bank manager and various documents.
Losing Side's Weaknesses:
The plaintiff successfully proved their case through the evidence of the bank manager and various documents.
The plaintiff successfully proved their case through the evidence of the bank manager and various documents.
Supporting Evidence
From the evidence of PW1, coupled with documentary evidence, I find that the plaintiff has succeeded in proving their case.
Judgment Evidence:
In the result, the suit is decreed as follows: (1) Defendants are jointly and severally directed to pay an amount of Rs. 14,49,161/- (Rupees Fourteen lakhs forty nine thousand one hundred and sixty one only) with 9% interest per annum from the date of suit till the date of decree and thereafter @ 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s.J.J.Ceramics and Granites
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Jamsheer T.P
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ayisha Noufeera K.C
- Party Age
- 32
- Relation
- W/o
Plaintiffs Documents
Partnership letter, Request for overdraft facilities, Letter of undertaking, Pronote, Guarantee agreement, Sanction memorandum.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.K.Narayanan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Asokan Pazhur
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are jointly and severally directed to pay an amount of Rs. 14,49,161/- with interest.
Evidence:
In the result, the suit is decreed as follows: (1)Defendants are jointly and severally directed to pay an amount of Rs. 14,49,161/- (Rupees Fourteen lakhs forty nine thousand one hundred and sixty one only) with 9% interest per annum from the date of suit till the date of decree and thereafter @ 6% per annum till realization.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is also entitled to realise the costs of the suit.
Evidence:
The plaintiff is also entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Partnership letter
Submitted By:
Plaintiff
Relevance:
Executed by defendants in favour of plaintiff
Reference:
Ext.A1
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Executed by defendants in favour of plaintiff
Reference:
Ext.A2
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Signed by defendants in favour of plaintiff
Reference:
Ext.A3
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Executed by defendants in favour of plaintiff
Reference:
Ext.A4
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Executed by defendants in favour of plaintiff
Reference:
Ext.A5
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed by defendants in favour of plaintiff
Reference:
Ext.A6
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Executed by defendants in favour of plaintiff
Reference:
Ext.A7
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Between defendants and plaintiff
Reference:
Ext.A8
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Addressed to plaintiff by defendant No.3
Reference:
Ext.A9
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank
Reference:
Ext.A10
Document Type:
Partnership letter
Submitted By:
Plaintiff
Relevance:
Executed by defendants in favour of plaintiff
Reference:
Ext.A11
Document Type:
Application Form for Loans to Micro Small and Medium Enterprises
Submitted By:
Plaintiff
Relevance:
Executed by defendants in favour of plaintiff
Reference:
Ext.A12
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Executed by defendants in favour of plaintiff
Reference:
Ext.A13
Document Type:
Letter from the guarantor
Submitted By:
Plaintiff
Relevance:
Whenever limits are to be renewed
Reference:
Ext.A14
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank
Reference:
Ext.A15
Document Type:
Application Form for Loans to Micro Small and Medium Enterprises
Submitted By:
Plaintiff
Relevance:
Executed by defendants in favour of plaintiff
Reference:
Ext.A16
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Executed by defendants in favour of plaintiff
Reference:
Ext.A17
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
To DPN executed by defendants
Reference:
Ext.A18
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank
Reference:
Ext.A19
Document Type:
Partnership letter
Submitted By:
Plaintiff
Relevance:
Executed by defendants in favour of plaintiff
Reference:
Ext.A20
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Executed by defendants in favour of plaintiff
Reference:
Ext.A21
Document Type:
Letter from the guarantor
Submitted By:
Plaintiff
Relevance:
Whenever limits are to be renewed
Reference:
Ext.A22
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank
Reference:
Ext.A23
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
From 01.01.2020 to 30.06.2024
Reference:
Ext.A24
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
From 29.11.2021 to 29.06.2024
Reference:
Ext.A25
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Addressed to defendants by plaintiff counsel
Reference:
Ext.A26
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notice
Reference:
Ext.A26(a)
Document Type:
Returned Postal Cover with Acknowledgment
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notice
Reference:
Ext.A26(b)
Document Type:
Returned Postal Cover with Acknowledgment
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notice
Reference:
Ext.A26(c)
Document Type:
Returned Postal Cover with Acknowledgment
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notice
Reference:
Ext.A26(d)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs M/s.J.J.Ceramics and Granites et al regarding realisation of money.
Case Code Year
Case between Canara Bank vs M/s.J.J.Ceramics and Granites et al regarding realisation of money.