Case Summary
The plaintiff, Canara Bank, filed a suit against the defendants, Kamarudheen and Binshad.N.P, for the recovery of a loan amount of Rs.2,34,284/- due to default in payment. The defendants had executed loan documents, with Kamarudheen being the borrower and Binshad.N.P as the guarantor.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.2,37,021/- from the defendant with interest at the rate of 10.40 per cent from date of suit till date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The defendant No 1 is to pay costs at a concessional rate.
Why Plaintiff Won:
The plaintiff's case was proved by the unchallenged testimony of the PW1 and the documents produced.
The plaintiff's case was proved by the unchallenged testimony of the PW1 and the documents produced.
Losing Side's Weaknesses:
The plaintiff's case was proved by the unchallenged testimony of the PW1 and the documents produced.
The plaintiff's case was proved by the unchallenged testimony of the PW1 and the documents produced.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Judgment Evidence:
In the result, the suit is decreed as follows: 1)The plaintiff shall be entitled to realize Rs.2,37,021/- from the defendant with interest at the rate of 10.40 per cent from date of suit till date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Kamarudheen
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Binshad.N.P
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Loan Application dated 03.01.2015, Loan Agreement dated 07.01.2015, Guarantee Agreement, Acknowledgment of Debt dated 03.01.2018 and 18.12.2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.Satheesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Anjana.V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Adil ali
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Mohammed Sajid Anwar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding amount with interest.
Evidence:
The suit is decreed as follows: The plaintiff shall be entitled to realize Rs.2,37,021/- (Rupees two lakhs thirty seven thousand and twenty one only) from the defendant with interest at the rate of 10.40 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.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant No 1 will pay costs at a concessional rate.
Evidence:
The defendant No 1 shall be liable to pay cost at the concessional rate and the defendant No 2 shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document indicates the loan application made by the first defendant.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Contains the terms of the loan granted to the defendants.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Document signifies the guarantee provided by the second defendant.
Reference:
Ext.A3
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
Accompanies the guarantee agreement and further establishes obligation.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Documents evidencing acknowledgment of outstanding debt by the first defendant.
Reference:
Ext.A5 and Ext.A6
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the legal notice issued to the defendants.
Reference:
Ext.A7
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the legal notice by the first defendant.
Reference:
Ext.A8
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Document related to an unclaimed notice sent to the second defendant.
Reference:
Ext.A9
Document Type:
Copy of Loan Account Statement
Submitted By:
Plaintiff
Relevance:
Details the current balance and transactions related to the loan.
Reference:
Ext.A10
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 Kamarudheen et al regarding realization of money
Case Code Year
Case between Canara Bank vs Kamarudheen et al regarding realization of money