Case Summary
Canara Bank filed a suit against Fighter World Aqua Traders and Sheena Kumari for the recovery of loans amounting to ₹9,72,445.28. The bank claims that the defendants defaulted on their loan repayments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants directed to pay jointly and severally ₹9,72,500 along with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are directed to pay jointly and severally an amount of ₹9,72,500 to the plaintiff along with interest.
Why Plaintiff Won:
Plaintiff proved the claim of borrowal and default in repayment.
Plaintiff proved the claim of borrowal and default in repayment.
Losing Side's Weaknesses:
Plaintiff proved the claim of borrowal and default in repayment.
Plaintiff proved the claim of borrowal and default in repayment.
Supporting Evidence
The claim of borrowal and default in repayment of the amount is proved by the affidavit filed by PW1 and Exhibits A1 to A7.
Judgment Evidence:
In the result, the suit is decreed as follows. The defendants are directed to pay jointly and severally an amount of ₹9,72,500 to the plaintiff, along with an interest at the rate of 7% till the date of decree and thereafter 6% till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Kozhikode Malaparamba Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Fighter World Aqua Traders
- Relation
- Rep. By
- Party Role
- Defendant
- Party Name
- Sheena Kumari. M.P
- Party Age
- 47
- Relation
- W/o Santhosh Kumar
Plaintiffs Documents
Sanction Letter, Letter issued by Plaintiff to Defendant No.1, Cash Credit Agreement, Agreement cum Deed of Hypothecation, Letter of Undertaking, Attested copy of Account Statement, Non Starter Report
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abdul Jaleel Onath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shiji. N
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sheeja. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay jointly and severally an amount of 9,72,500/- to the plaintiff.
Evidence:
In the result, the suit is decreed as follows. 1. The defendants are directed to pay jointly and severally an amount of 9,72,500/- (Rupees Nine Lakhs Seventy Two Thousand And Five Hundred Only) to the plaintiff, along with an interest at the rate of 7% till the date of decree and thereafter 6% till realisation.
Relief Type:
Cost
Outcome:
Granted
Description:
The defendants are directed to pay the cost of the suit to the plaintiffs.
Evidence:
The defendants are directed to pay jointly and severally the cost of the suit to the plaintiffs.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
The plaintiff used this document to prove the grant of loan to the defendants.
Reference:
Ext.A1
Document Type:
Letter issued by Plaintiff to Defendant No.1
Submitted By:
Plaintiff
Relevance:
This letter was referred to in connection with the terms of loan repayment.
Reference:
Ext.A2
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the terms for the cash credit facility availed by the defendants.
Reference:
Ext.A3
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the hypothecation of assets as security for the loan.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This letter confirms the undertaking regarding the loan terms.
Reference:
Ext.A5
Document Type:
Attested copy of Account Statement
Submitted By:
Plaintiff
Relevance:
This document is used to support the amounts owed by the defendants.
Reference:
Ext.A6
Document Type:
Non Starter Report
Submitted By:
Plaintiff
Relevance:
This report may be linked to the performance of the loan or business post-approval.
Reference:
Ext.A7
Case Classification
Case Type
Civil 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, Kozhikode Malaparamba Branch vs Fighter World Aqua Traders, Sheena Kumari regarding realization of money.
Case Code Year
Case between Canara Bank, Kozhikode Malaparamba Branch vs Fighter World Aqua Traders, Sheena Kumari regarding realization of money.