Case Summary
Canara Bank is suing Express Marketing for the recovery of a loan amount. The defendants defaulted on the repayment terms agreed upon for a loan borrowed for business purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay jointly and severally Rs.1,21,631/- with interest at the rate of 7% till the date of decree and 6% thereafter.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants must pay the plaintiff a total of Rs.1,21,631/- along with interest. The suit was decreed in favor of the plaintiff.
Why Plaintiff Won:
The plaintiff proved the borrowal of the amount and the default of the payments.
The plaintiff proved the borrowal of the amount and the default of the payments.
Losing Side's Weaknesses:
The plaintiff proved the borrowal of the amount and the default of the payments.
The plaintiff proved the borrowal of the amount and the default of the payments.
Supporting Evidence
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A9.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants are directed to pay jointly and severally Rs.1,21,631/- 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 realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank, Payyanakkal Branch
- Relation
- Rep. By its Assistant Manager, (Manager in Charge) Anoop M. K.
- Party Role
- Defendant
- Party Name
- Express Marketing
- Party Age
- 37
- Relation
- Rep. By its Partner Binas Muhammed C.P.
- Party Role
- Defendant
- Party Name
- Express Marketing
- Party Age
- 43
- Relation
- Rep. By its Partner Yusuf Pulikkal
Plaintiffs Documents
Loan Sanction memorandum of GECL Scheme, Loan Agreement of GECL, Guarantee agreement of GECL scheme, Take delivery letter to DPN, Account statement, Copy of Lawyer Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Nikhil T. M.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anaswara. N.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Anjana. V.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the outstanding loan amount along with interest.
Evidence:
The defendants are directed to pay jointly and severally Rs.1,21,631/- 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 realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants are directed to pay the costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Loan Sanction memorandum of GECL Scheme
Submitted By:
Plaintiff
Relevance:
This document supports the claim of the loan availed by the defendants.
Reference:
Ext.A1
Document Type:
Loan Agreement of GECL
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan agreement between the plaintiff and defendants.
Reference:
Ext.A2
Document Type:
Guarantee agreement of GECL scheme
Submitted By:
Plaintiff
Relevance:
This document confirms the guarantee provided for the loan.
Reference:
Ext.A3
Document Type:
Guarantee agreement of GECL scheme
Submitted By:
Plaintiff
Relevance:
This document further substantiates the guarantee for the loan.
Reference:
Ext.A4
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document indicates the procedural aspects of the loan delivery.
Reference:
Ext.A5
Document Type:
Account statement for the period from 01-01-2020 to 18-11-2022
Submitted By:
Plaintiff
Relevance:
This document provides proof of the outstanding loan amount.
Reference:
Ext.A6
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This document serves as a formal acknowledgment related to the account statement.
Reference:
Ext.A6(a)
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document shows the legal communication to the defendants regarding the default.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of mailing the lawyer's notice.
Reference:
Ext.A7(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as further evidence of mailing related notices.
Reference:
Ext.A7(b)
Document Type:
Return Cover
Submitted By:
Plaintiff
Relevance:
This document relates to the postal communication regarding the loan.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document confirms receipt of the communication sent to the defendants.
Reference:
Ext.A9
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 vs Express Marketing regarding realisation of money
Case Code Year
Case between Canara Bank vs Express Marketing regarding realisation of money