Case Summary
Canara Bank filed a suit against Mr.Jiju Vincent N for the recovery of loan amounts. The defendant defaulted on the repayment of loans sanctioned for his business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs.2,62,315/- with specified interest rates to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant is to pay an amount of Rs.2,62,315/- to the plaintiff with interest.
Why Plaintiff Won:
The plaintiff proved the case through unchallenged evidence of their witness.
The plaintiff proved the case through unchallenged evidence of their witness.
Losing Side's Weaknesses:
The plaintiff proved the case through unchallenged evidence of their witness.
The plaintiff proved the case through unchallenged evidence of their witness.
Supporting Evidence
The evidence of PW1 and the documents produced by his remains unchallenged. As such, I find that the plaintiff had proved his case.
Judgment Evidence:
In the result, suit is decreed as follows: The defendant is directed to pay an amount of Rs.2,62,315/- with interest at 11.25% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Mr.Jiju Vincent N
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Term loan sanction letter, Sanction memorandum, Agreement cum deed of Hypothecation, Letter of undertaking, Promissory note, Cash credit agreement, Letter of undertaking, Copy of lawyer notice, Returned postal cover, Certified copy of the loan account for the period from 22.08.2022 to 20.05.2024, Certified copy of the loan account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Lissy.K.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Abdul Gamal Nazar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs.2,62,315/- with interest.
Evidence:
The defendant is directed to pay an amount of Rs.2,62,315/- with interest at 11.25% per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Term loan sanction letter
Submitted By:
Plaintiff
Relevance:
Executed to provide loan facilities.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document outlining the sanctioned loan details.
Reference:
Ext.A2
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Agreement executed for securing the loan.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Undertaking related to loan repayment.
Reference:
Ext.A4
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Document acknowledging the loan repayment obligation.
Reference:
Ext.A5
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed for cash credit facility.
Reference:
Ext.A6
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Another undertaking related to securing loan.
Reference:
Ext.A7
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant demanding payment.
Reference:
Ext.A8
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Postal cover indicating failure of delivery of legal notice.
Reference:
Ext.A9
Document Type:
Certified copy of the loan account for the period
Submitted By:
Plaintiff
Relevance:
Statement of loan account used to substantiate claims.
Reference:
Ext.A10
Document Type:
Certified Copy of the Loan Account
Submitted By:
Plaintiff
Relevance:
Account details showing outstanding balance.
Reference:
Ext.A11
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.Jiju Vincent N regarding realization of money
Case Code Year
Case between Canara Bank vs Mr.Jiju Vincent N regarding realization of money