Case Summary
The case involves Canara Bank seeking to recover money from the defendants who defaulted on a loan. The defendants were declared ex parte after failing to appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs.9,84,263.32 with interest at the rate of 6% per annum and costs of the suit
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendants to pay the owed amount with interest and costs.
Why Plaintiff Won:
Plaintiff proved entitlement through the affidavit and unchallenged documents.
Plaintiff proved entitlement through the affidavit and unchallenged documents.
Losing Side's Weaknesses:
Plaintiff proved entitlement through the affidavit and unchallenged documents.
Plaintiff proved entitlement through the affidavit and unchallenged documents.
Supporting Evidence
Plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and Exhibits A1 to A12 documents which remains unchallenged.
Judgment Evidence:
In the result, suit is decreed as follows: aThe defendants are directed to pay Rs.9,84,263.32/- to the plaintiff with interest at the rate of 6% per annum from the date of the suit till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Noushad. P.
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Irshad. K. P.
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Cash credit loan agreement, Sanction Memoradum, Gurantee Agreement, Acknowledgement of Debt and Security, Letter of Renewal, Sanction Memoradum, Letter of Renewal, Sanction Memoradum, Statement of account for the period from 02-03-2021 to 18-10-2024, Certificate, Copy of Lawyer Notice, Postal Receipt, Undelivered Cover
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Nikhil. T. M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Anaswara. N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay Rs.9,84,263.32 to the plaintiff with interest.
Evidence:
In the result, suit is decreed as follows: aThe defendants are directed to pay Rs.9,84,263.32/- (Rupees Nine Lakhs Eighty Four Thousand Two Hundred And Sixty Three And Thirty Two Paise Only) to the plaintiff with interest at the rate of 6% per annum from the date of the suit till the date of realization.
Relief Type:
Cost
Outcome:
Granted
Description:
The defendants are directed to pay costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Cash credit loan agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the loan agreement between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document details the approval of the loan amount.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the guarantee provided for the loan.
Reference:
Ext.A3
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
This document accompanies the guarantee agreement.
Reference:
Ext.A4
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
This document is an additional guarantee covering letter.
Reference:
Ext.A4(a)
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document serves as acknowledgment of the debt incurred by the defendants.
Reference:
Ext.A5
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
This document pertains to the renewal of the loan agreement.
Reference:
Ext.A6
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document is related to the sanctioning of renewed terms.
Reference:
Ext.A7
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
This document is another letter concerning the renewal of the loan.
Reference:
Ext.A8
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document reflects the renewed sanction for the loan.
Reference:
Ext.A9
Document Type:
Statement of account for the period
Submitted By:
Plaintiff
Relevance:
This document tracks the account status over the designated time period.
Reference:
Ext.A10
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the account status and details.
Reference:
Ext.A10(a)
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the lawyer's notice sent to the defendants regarding the loan.
Reference:
Ext.A11
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the postal dispatch of the lawyer notice.
Reference:
Ext.A11(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is another postal receipt confirming the delivery of notice.
Reference:
Ext.A11(b)
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
This document indicates the undelivered notice cover.
Reference:
Ext.A12
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
This document is another record of an undelivered notice cover.
Reference:
Ext.A12(a)
Case Classification
Case Type
Original 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 et al vs Noushad. P. et al regarding realization of money
Case Code Year
Case between Canara Bank et al vs Noushad. P. et al regarding realization of money