Case Summary
Canara Bank has filed a suit against Dipin. P. P for realizing an outstanding amount of Rs. 4,11,920 due to a cash credit facility provided to the defendant. The defendant did not appear and was declared ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs. 4,11,920 with interest at the rate of 7% till the date of decree and 6% till realization, along with costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to pay Rs. 4,11,920 along with interest and costs.
Why Plaintiff Won:
The plaintiff proved the borrowal of the amount and default of payments through the affidavit and documents presented.
The plaintiff proved the borrowal of the amount and default of payments through the affidavit and documents presented.
Losing Side's Weaknesses:
The plaintiff proved the borrowal of the amount and default of payments through the affidavit and documents presented.
The plaintiff proved the borrowal of the amount and default of payments through the affidavit and documents presented.
Supporting Evidence
The plaint claim of borrowal of the amount, the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A8.
Judgment Evidence:
In the result, The suit is decreed as follows: 1. The defendant is directed to pay Rs. 4,11,920/- (Rupees Four Lakhs Eleven Thousand Nine Hundred And Twenty Only) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Dipin. P. P
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Loan Sanction Memorandum, Promissory Note, Cash Credit Agreement, Supplemental Agreement, Copy of Lawyer Notice, Postal Acknowledgment Card, Account Statement with certification.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Lissy. K. K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdul Gamal Nazar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff to recover Rs. 4,11,920/- from the defendant.
Evidence:
The defendant is directed to pay Rs. 4,11,920/- (Rupees Four Lakhs Eleven Thousand Nine Hundred And Twenty Only) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
The plaintiff is also directed to pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Establishes the cash credit facility provided to the defendant.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Documents the defendant's promise to repay the borrowed amount.
Reference:
Ext.A2
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms of the cash credit facility.
Reference:
Ext.A3
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Documents the renewal of the cash credit limit.
Reference:
Ext.A4
Document Type:
Supplemental Agreement
Submitted By:
Plaintiff
Relevance:
Records the terms associated with the enhanced cash credit limit.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of notice issued to the defendant regarding the dues.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proves receipt of the lawyer's notice by the defendant.
Reference:
Ext.A7
Document Type:
Account Statement with certification
Submitted By:
Plaintiff
Relevance:
Shows the outstanding balance and transactions related to the defendant's account.
Reference:
Ext.A8
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 vs Dipin. P. P regarding realization of money
Case Code Year
Case between Canara Bank vs Dipin. P. P regarding realization of money