Case Summary
The case involves Canara Bank filing a suit against M/s. Fathima Garments and Stitching Centre for the recovery of a business loan amount. The second defendant, Muhammad Sidhik, guaranteed this loan but failed to repay it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.2,25,042.86 together with interest at the rate of 6% per annum from the date of suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the claimed amount along with interest.
Why Plaintiff Won:
The plaintiff successfully proved their case with sufficient evidence.
The plaintiff successfully proved their case with sufficient evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts.A1 to A8 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: (i) The plaintiff is entitled to realise an amount of Rs.2,25,042.86/- ( Rupees Two Lakhs Twenty Five Thousand Forty two and eighty six Paise only) together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- rep. by
- Party Role
- Plaintiff
- Party Name
- Ammu Suresh
- Party Age
- 32
- Relation
- W/o.Ratheesh P.R.
- Party Role
- Defendant
- Party Name
- M/s. Fathima Garments and Stitching Centre
- Relation
- Rep By Prop
- Party Role
- Defendant
- Party Name
- Muhammad Sidhik
- Party Age
- 44
- Relation
- S/o.Maidheen Kunju
Plaintiffs Documents
Application for credit facility dated 11/07/2019, Agreement cum deed of hypothecation dated 12/07/2019, Sanction letter dated 12/07/2019, Letter of proprietorship dated 12/07/2019, Acknowledgment of debt dated 04/02/2022, Office copy of legal notice dated 04/05/2023, Postal receipt dated 04/05/2023, Account statement for the period from 01/07/2019 to 28/04/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.AbdulKhalam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayasree K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nazrin A.Khalam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arun. V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.Santhi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the amount of Rs. 2,25,042.86 along with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs.2,25,042.86/- together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Application for credit facility
Submitted By:
Plaintiff
Relevance:
Document proving the application for a business loan by the defendant.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Contractual document detailing the terms of the loan facility.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document showing the approval of the loan by the plaintiff bank.
Reference:
Ext.A3
Document Type:
Letter of Proprietorship
Submitted By:
Plaintiff
Relevance:
Document confirming the business ownership by the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document indicating the defendant's acknowledgment of the outstanding debt.
Reference:
Ext.A5
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Document showing the legal notice sent to the defendant regarding the repayment.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming the sending of the legal notice.
Reference:
Ext.A7
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Document showing the financial record of the loan over the specified period.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank et al vs M/s. Fathima Garments and Stitching Centre regarding realisation of money
Case Code Year
Case between Canara Bank et al vs M/s. Fathima Garments and Stitching Centre regarding realisation of money