Case Summary
The case involves Canara Bank seeking to recover money owed by Calicut Off set Printers due to a loan default. The defendant did not appear, and the court assessed the claims based on the plaintiff's evidence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to Rs.1,93,353.06 and Rs.1,11,317.31 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendant to repay the outstanding loan amounts to the plaintiff along with interest and costs.
Why Plaintiff Won:
The plaintiff proved the debt through evidence and documentation.
The plaintiff proved the debt through evidence and documentation.
Losing Side's Weaknesses:
The plaintiff proved the debt through evidence and documentation.
The plaintiff proved the debt through evidence and documentation.
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 A14 series.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay Rs.1,93,353.06... 2. The defendant is also directed to pay Rs.1,11,317.31... 3. The defendant is also directed to pay the costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Calicut Off set Printers
- Relation
- Represented by
Plaintiffs Documents
Original sanction communication, Original sanction memorandum, Agreement cum deed of Hypothecation for term loan.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. K. P. Regha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amrutha K. C.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs.1,93,353.06 to the plaintiff.
Evidence:
The defendant is directed to pay Rs.1,93,353.06/-(One Lakhs Ninety Three Thousand Three Hundred Fifty Three and paisa Six 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:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs.1,11,317.31 to the plaintiff.
Evidence:
The defendant is also directed to pay Rs.1,11,317.31(Rupees One Lakhs Eleven Thousand Three Hundred Seventeen and Thirty one paisa) to the plaintiff interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant is also directed to pay the costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Agreement cum deed of Hypothecation for term loan
Submitted By:
Plaintiff
Relevance:
The defendant executed this agreement agreeing to comply with the loan terms.
Reference:
Ext.A3
Document Type:
Original sanction of communication
Submitted By:
Plaintiff
Relevance:
Serves as proof of the loan agreement from the bank.
Reference:
Ext.A1
Document Type:
Original Sanction memorandum
Submitted By:
Plaintiff
Relevance:
Further illustrates the details of the loan agreement.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice to the defendant regarding the defaults.
Reference:
Ext.A11
Document Type:
Account statement for the period from 10-10-2018 to 17-10-2024
Submitted By:
Plaintiff
Relevance:
Details the outstanding amounts on the loan.
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
Recovery of money
Case Code
Case between Canara Bank et al vs Calicut Off set Printers regarding realisation of money.
Case Code Year
Case between Canara Bank et al vs Calicut Off set Printers regarding realisation of money.