Case Summary
The plaintiff, Canara Bank, filed a suit for the realization of outstanding loan amounts from the defendant, M/s Kaashi Fish N Meats, after violating the terms of two loan agreements. The plaintiff contended that substantial amounts were due due to non-repayment of loans taken for business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.1,77,404/- with interest at the rate of 12% per annum and Rs.2,62,436/- with interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff bank, ordering the defendant to repay outstanding loan amounts along with interest.
Why Plaintiff Won:
The plaintiff successfully established its case with unchallenged evidence and documents proving the loans and outstanding amounts.
The plaintiff successfully established its case with unchallenged evidence and documents proving the loans and outstanding amounts.
Losing Side's Weaknesses:
The plaintiff successfully established its case with unchallenged evidence and documents proving the loans and outstanding amounts.
The plaintiff successfully established its case with unchallenged evidence and documents proving the loans and outstanding amounts.
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the defendant has availed loan facility from the plaintiff Bank and that an amount of Rs.1,77,404/- in respect of the first loan and Rs.2,62,436/- in respect of the second loan are due to the plaintiff bank as on the date of the suit.
Judgment Evidence:
In the result, the suit decreed with costs: 1. Plaintiff is entitled to realise an amount of Rs.1,77,404/- with interest at the rate of 12% per annum from the date of suit till the date of decree. 2. Plaintiff is also entitled to realise an amount of Rs.2,62,436/- with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s Kaashi Fish N Meats
- Party Age
- 32
- Relation
- represented by its proprietor-ArunKumar.H
Plaintiffs Documents
Loan Application Form, Cash Credits Agreement, Agreement Cum Deed of Hypothecation, Pronote, Take Delivery Letter to DPN, Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Prasanth. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's entitlement to recover Rs.1,77,404/- with specified interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs.1,77,404/- (Rupees One lakh seventy seven thousand four hundred and four only) with interest at the rate of 12 % per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's entitlement to recover Rs.2,62,436/- with specified interest.
Evidence:
Plaintiff is also entitled to realise an amount of Rs.2,62,436/- (Rupees Two lakhs sixty two thousand four hundred and thirty six only) with interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's entitlement to recover costs of the suit.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendant and his assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Submitted as part of the evidence to establish loan sanction.
Reference:
Ext.A1
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant, detailing the terms of the loan.
Reference:
Ext.A2
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document outlining the hypothecation terms for the loan.
Reference:
Ext.A3
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Serves as a formal promise to pay the borrowed amount.
Reference:
Ext.A4
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Document related to the delivery of the loan funds.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Demonstrates the outstanding balances on the loans.
Reference:
Ext.A6 and A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs M/s Kaashi Fish N Meats regarding realization of money
Case Code Year
Case between Canara Bank vs M/s Kaashi Fish N Meats regarding realization of money