Case Summary
The plaintiff, Canara Bank, is seeking to recover a loan amount from the defendant, Mr. Lalu. P, who has defaulted on a cash credit facility. The defendant did not appear in court, and the matter has proceeded ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.9,82,254/- from the defendants with interest at the rate of 11.30 percent from date of suit till date of decree.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiff proved their case with unchallenged testimony and evidence provided.
The plaintiff proved their case with unchallenged testimony and evidence provided.
Losing Side's Weaknesses:
The plaintiff proved their case with unchallenged testimony and evidence provided.
The plaintiff proved their case with unchallenged testimony and evidence provided.
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, 1)The plaintiff shall be entitled to realize Rs.9,82,254/- (Rupees nine lakhs eighty two thousand two hundred and fifty four only) from the defendants with interest at the rate of 11.30 percent 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. 2)The defendant shall pay costs of the proceedings to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Mr. Lalu. P
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Loan sanction memorandum, Demand promissory note, Request for overdraft facility, Cash credit agreement, Letter of undertaking, Acknowledgment of debt and security, Copy of legal notice, Postal acknowledgment card, Certified copy of loan account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Lissy. K. K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abdulgamal Nazar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of the outstanding loan amount.
Evidence:
The plaintiff shall be entitled to realize Rs.9,82,254/- from the defendants with interest at the rate of 11.30 percent.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff seeks costs of the proceedings from the defendant.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document establishing the terms of the loan sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document pertaining to the defendant's agreement to repay the loan.
Reference:
Ext.A2
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
Document showing the defendant's request for an overdraft.
Reference:
Ext.A3
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the cash credit facility provided to the defendant.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Undertaking document provided by the defendant for the loan.
Reference:
Ext.A5
Document Type:
Acknowledgement of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the defendant's liability to the bank.
Reference:
Ext.A6
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendant demanding payment.
Reference:
Ext.A7
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of receipt related to the legal notice.
Reference:
Ext.A8
Document Type:
Certified copy of loan account
Submitted By:
Plaintiff
Relevance:
Official document certifying the loan account details and outstanding amount.
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 Mr. Lalu. P regarding realization of money
Case Code Year
Case between Canara Bank vs Mr. Lalu. P regarding realization of money