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ORIGINAL SUIT NO. 145 OF 2017

Case between Canara Bank vs Moideenkutty regarding loan recovery

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2017-12-15
Duration
1 day
Case Closed
Fri, 12/15/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Canara Bank filed a suit against Moideenkutty seeking recovery of a loan amount due for starting a barber shop.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the defendant to pay the plaintiff bank an amount of Rs. 2,44,349 with future interest at 9% per annum.
Judgment Favored
Plaintiff
Relief Granted
Recovery of loan amount with interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court ordered the defendant to pay the plaintiff bank an amount of Rs. 2,44,349 with future interest at 9% per annum.
Why Plaintiff Won:
The plaintiff bank provided cogent and reliable evidence, and the defendant did not contest the claims.
Losing Side's Weaknesses:
The plaintiff bank provided cogent and reliable evidence, and the defendant did not contest the claims.
Supporting Evidence
According to PW1 the plaintiff is keeping true and correct accounts with respect to the said transaction in the name of defendant. Ext.A7 is the certified copy of all the computerized ledger accounts. As on 9-4-2014, an amount of Rs.2,24,349/- is due from the defendant, which includes penal interest of Rs. 7,241/.

Judgment Evidence:

The suit is decreed as follows: I. The defendant is hereby directed to pay the plaintiff bank an amount of Rs. 2,44,349 /- (Rupees two lakh forty four thousand three hundred and forty-nine only) with future interest at 9% per annum on Rs.2,37,108/- from the date of suit till the date of realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Canara Bank
Relation
Represented by its Manager
Party Role
Defendant
Party Name
Moideenkutty
Party Age
63
Relation
S/o. Mayu
Plaintiffs Documents
Application for Loans to Micro and Small Enterprises, Sanction Memorandum, Agreement cum Deed of Hypothecation, Letter of Undertaking Loan/Advance, Letter in NF 373/1L, Copy of the lawyer notice with acknowledgment card and Postal Receipt, Certified copy of Ledger Extract
Defendants Documents
Not available

Advocates

Party Role
Plaintiff
Advocate Name
Smt. Mercyamma Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Jency Suresh
Appearance Type
Main Counsel

Reliefs

Relief Type: Money Recovery
Outcome: Granted
Description:
Recovery of loan amount with interest
Evidence:
The defendant is directed to pay the plaintiff bank an amount of Rs. 2,44,349 /- with future interest at 9% per annum.

Documents & Evidence

Document Type: Application for Loans to Micro and Small Enterprises
Submitted By: Plaintiff
Relevance:
Financial assistance application for the loan for starting a barber shop.
Reference:
A1
Document Type: Sanction Memorandum
Submitted By: Plaintiff
Relevance:
Document showing sanction of the loan facility.
Reference:
A2
Document Type: Agreement cum deed of Hypothecation
Submitted By: Plaintiff
Relevance:
Agreement for hypothecation of furniture and accessories purchased for the barber shop.
Reference:
A3
Document Type: Letter of Undertaking Loan/Advance
Submitted By: Plaintiff
Relevance:
Letter of undertaking by the defendant.
Reference:
A4
Document Type: Certified copy of Ledger Extract
Submitted By: Plaintiff
Relevance:
Certified copy of computerized ledger accounts showing the due amount.
Reference:
A7

Case Classification

Case Type
Civil Suit - Money Recovery
Category
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan default
Case Code
Case between Canara Bank vs Moideenkutty regarding loan recovery
Case Code Year
Case between Canara Bank vs Moideenkutty regarding loan recovery

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 12/14/2017 - 12:00
Case Closed
Fri, 12/15/2017 - 12:00
From
Fri, 12/01/2017 - 12:00
To
Sun, 12/31/2017 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

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