Case Summary
Canara Bank is the plaintiff which sanctioned a loan to the defendant, Krishnadas. E. The defendant defaulted on the loan repayment leading to this suit for realization of the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.5,16,511/- with interest at the rate of 10.55 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing Canara Bank to recover the loan amount plus interest from the defendant.
Why Plaintiff Won:
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Losing Side's Weaknesses:
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
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.5,16,511/- (Rupees five lakhs sixteen thousand five hundred and eleven only) from the defendants with interest at the rate of 10.55 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Krishnadas. E
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Request for overdraft dated 15.06.2017, Sanction memorandum dated 14.06.2017, Loan agreement dated 15.06.2017, Pronote dated 15.06.2017, Letter of undertaking dated 15.06.2017, Letter of renewal dated 18.08.2018, Letter of renewal dated 01.10.2019, Acknowledgment of debt dated 01.10.2019, Letter of renewal dated 31.12.2020, Copy of lawyer notice dated 20.10.2022, Copy of loan account No.4690261000013 dated 04.03.2023, Copy of loan account No.4690710000001 dated 04.03.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Satheesh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover Rs.5,16,511/- from the defendant.
Evidence:
The suit is decreed as follows: The plaintiff shall be entitled to realize Rs.5,16,511/- (Rupees five lakhs sixteen thousand five hundred and eleven only) from the defendants.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff sought costs for the proceedings.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Document evidencing the request for overdraft.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document evidencing the approval of the overdraft facility.
Reference:
Ext.A2
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the terms of the loan agreement.
Reference:
Ext.A3
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Document confirming the debt obligation.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Document evidencing the undertakings related to the loan.
Reference:
Ext.A5
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Document evidencing renewal of the loan facility.
Reference:
Ext.A6
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Document evidencing another renewal of the loan facility.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document where the defendant acknowledged the debt.
Reference:
Ext.A8
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Document evidencing the third renewal of the loan facility.
Reference:
Ext.A9
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendant regarding repayment.
Reference:
Ext.A10
Document Type:
Copy of the loan account
Submitted By:
Plaintiff
Relevance:
Document containing details of the loan account associated with the loan.
Reference:
Ext.A11
Document Type:
Copy of the loan account
Submitted By:
Plaintiff
Relevance:
Another document containing details of a different loan account associated with the loan.
Reference:
Ext.A12
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 Krishnadas. E regarding realization of money
Case Code Year
Case between Canara Bank vs Krishnadas. E regarding realization of money