Case Summary
Canara Bank has filed a suit against M/s. Ayisha Hotel and its proprietor for the recovery of a defaulted loan. The defendants had borrowed money from the bank but failed to repay the amount despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.8,74,830.67 with interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the loan amount from the defendants with interest. The defendant No 2, being the proprietor, is held liable for repayment.
Why Plaintiff Won:
The plaintiff proved their case through unchallenged testimony and submitted relevant documents.
The plaintiff proved their case through unchallenged testimony and submitted relevant documents.
Losing Side's Weaknesses:
The plaintiff proved their case through unchallenged testimony and submitted relevant documents.
The plaintiff proved their case through unchallenged testimony and submitted relevant documents.
Supporting Evidence
The court found the testimony and the documents submitted by the plaintiff to be reliable and sufficient to uphold the claim for recovery of the amount.
Judgment Evidence:
In the result, 1. The plaintiff shall be entitled to realize Rs.8,74,830.67 (Rupees Eight lakh seventy four thousand eight hundred and thirty and sixty seven paise only) from the defendant No.2 with interest at the rate of 9 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Malaparamba Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s. Ayisha Hotel
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Badhusha Aman. M
- Party Age
- 24
- Relation
- S/o
Plaintiffs Documents
Sanction Memorandum dated 07.02.2023, Agreement Cum Deed of Hypothecation dated 07.02.2023, Statement of Account for the period 07.02.2023 to 23.04.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Jaleel Onath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. P. Krishnakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.8,74,830.67 from the defendants.
Evidence:
The plaintiff shall be entitled to realize Rs.8,74,830.67 from the defendant No.2 with interest at the rate of 9 per cent from date of suit till date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants are ordered to pay the costs of the proceedings to the plaintiff.
Evidence:
The defendant No 2 shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the loan sanctioned to the defendants.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement between the plaintiff and the defendants regarding the loan.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides the transaction history and outstanding amount due from the defendants.
Reference:
Ext.A3
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, Malaparamba Branch vs M/s. Ayisha Hotel regarding realization of money
Case Code Year
Case between Canara Bank, Malaparamba Branch vs M/s. Ayisha Hotel regarding realization of money