Case Summary
Canara Bank filed a suit against Mr.Sami.T for the recovery of a loan amount of Rs.1,97,500/- along with interest. The defendant defaulted in the repayment of the loan sanctioned for setting up a pottery making unit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,97,500/- with interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to pay Rs.1,97,500/- along with specified interest rates. The plaintiff is also entitled to recover the costs of the suit.
Why Plaintiff Won:
The plaintiff proved his case through unchallenged evidence and documents.
The plaintiff proved his case through unchallenged evidence and documents.
Losing Side's Weaknesses:
The plaintiff proved his case through unchallenged evidence and documents.
The plaintiff proved his case through unchallenged evidence and documents.
Supporting Evidence
The evidence of PW1 and the documents produced by PW1 remains unchallenged. As such, I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: 1) The defendant is directed to pay an amount of Rs.1,97,500/- (Rupees one lakh ninety seven thousand five hundred only)...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Kunnamangalam Branch
- Party Role
- Defendant
- Party Name
- Mr.Sami.T
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Sanction letter, Composite Hypothecation agreement executed by defendant and plaintiff, Articles of agreements, Receiving note, Letter of acknowledgment of debt, Statement of Account No.44119910000092
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sreehari.P.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.K.Sreekumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay an amount of Rs.1,97,500/- with interest.
Evidence:
The defendant is directed to pay an amount of Rs.1,97,500/- (Rupees one lakh ninety seven thousand five hundred only) with interest at 12% per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
The document evidences the loan sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This agreement details the terms related to the hypothecation for the loan.
Reference:
Ext.A2
Document Type:
Articles of agreements
Submitted By:
Plaintiff
Relevance:
These articles are related to the restructuring of the loan scheme.
Reference:
Ext.A3
Document Type:
Receiving note
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the loan amount by the defendant.
Reference:
Ext.A4
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
This letter acknowledges the outstanding debt by the defendant.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This shows the current account status of the defendant with the plaintiff.
Reference:
Ext.A6
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, Kunnamangalam Branch, Rep.by its Branch Manager, Vijith O.S vs Mr.Sami.T regarding realisation of money
Case Code Year
Case between Canara Bank, Kunnamangalam Branch, Rep.by its Branch Manager, Vijith O.S vs Mr.Sami.T regarding realisation of money