Case Summary
Canara Bank is suing M/S ARS Colour Care and its proprietor, Sri. Rahul.R.J, for recovery of a loan amount. The defendants did not respond to the suit and were set ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹8,34,047/- from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of defaulted loan amount with interest. The defendants were found liable as they did not contest the case.
Why Plaintiff Won:
Evidence established the defendants owed the amount to the plaintiff as claimed in the suit.
Evidence established the defendants owed the amount to the plaintiff as claimed in the suit.
Losing Side's Weaknesses:
Evidence established the defendants owed the amount to the plaintiff as claimed in the suit.
Evidence established the defendants owed the amount to the plaintiff as claimed in the suit.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹8,34,047/- from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- M/S ARS Colour Care
- Party Role
- Defendant
- Party Name
- Sri. Rahul.R.J
- Party Age
- 30
Plaintiffs Documents
Loan application, Cash credit agreement with pronote, Letter of undertaking loans, Particulars of the guarantor/co-obligant, Letter of renewal and sanction memorandum, Lawyer’s notice, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Teresa Jaya Fernandez
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to realize ₹8,34,047/- from the defendants.
Evidence:
Therefore, the Plaintiff is entitled to recover defaulted loan amount of ₹8,34,047/- with interest at the prevailing interest rate of 11.50% per annum with monthly rest from the defendant.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff allowed to realize interest at the rate of 11.50% per annum with monthly rests.
Evidence:
Plaintiff is allowed to realise interest at the rate of 11.50% per annum with monthly rests from 01/01/2025 till the date of decree.
Relief Type:
Future Interest
Outcome:
Granted
Description:
Plaintiff allowed to realize future interest at the rate of 6% per annum.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff allowed to realize the costs of the suit from the defendant.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendants to support their request for a loan.
Reference:
Ext.A1
Document Type:
Cash credit agreement with pronote
Submitted By:
Plaintiff
Relevance:
Details the terms of the cash credit agreement related to the loan.
Reference:
Ext.A2 series
Document Type:
Letter of undertaking loans
Submitted By:
Plaintiff
Relevance:
Serves as a commitment to the loan terms by the defendants.
Reference:
Ext.A3
Document Type:
Particulars of the guarantor/co-obligant
Submitted By:
Plaintiff
Relevance:
Identifies the guarantor responsible for the loan.
Reference:
Ext.A4
Document Type:
Letter of renewal and sanction memorandum
Submitted By:
Plaintiff
Relevance:
Documents the renewal and terms of the extended loan facility.
Reference:
Ext.A5 series
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendants regarding their failure to repay the loan.
Reference:
Ext.A6
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Provides the account balance details and payment history of the loan.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs M/S ARS Colour Care regarding recovery of money.
Case Code Year
Case between Canara Bank vs M/S ARS Colour Care regarding recovery of money.