Case Summary
Canara Bank filed a suit against M/s Margin Free Bazar for recovery of loan amounts due to default in repayment. The defendant failed to appear in court, and the case was heard ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹4,62,720/- with 6% interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of the loan amount along with interest and costs. The defendant was found liable for the outstanding dues.
Why Plaintiff Won:
The plaintiff proved the amount due through oral and documentary evidence.
The plaintiff proved the amount due through oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff proved the amount due through oral and documentary evidence.
The plaintiff proved the amount due through oral and documentary evidence.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹4,62,720/- (Rupees Four Lakhs Sixty-Two Thousand Seven Hundred and Twenty only) is due from the defendant.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of 4,62,720/- (Rupees Four Lakhs Sixty-Two Thousand Seven Hundred and Twenty only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s Margin Free Bazar
- Party Age
- 54
- Relation
- Proprietor
Plaintiffs Documents
Original loan application form, cash credit agreement, promissory note, letter of undertaking, bank statements.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Prasanth. K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ajesh .B
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹4,62,720/- with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of 4,62,720/- (Rupees Four Lakhs Sixty-Two Thousand Seven Hundred and Twenty only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Evidence:
In the result; the suit is decreed as follows: (b) The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Original loan application form for loans to Micro Small and Medium Enterprises (MSMEs) dated 20/12/2019 submitted by the defendant.
Reference:
Ext.A1
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Original cash credit agreement dated 20/12/2019.
Reference:
Ext.A2
Document Type:
Overdraft Facilities Request
Submitted By:
Plaintiff
Relevance:
Request for overdraft facilities dated 20/12/2019.
Reference:
Ext.A3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note dated 20/12/2019 signed by the defendant.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking regarding loans/advances.
Reference:
Ext.A5
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Original loan application form for loans to Micro Small and Medium Enterprises (MSMEs) dated 06/06/2020.
Reference:
Ext.A6
Document Type:
Agreement-cum-Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original agreement-cum-deed of hypothecation dated 06/06/2020.
Reference:
Ext.A7
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Original take delivery letter to DPN dated 06/06/2020.
Reference:
Ext.A8
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Original loan application form for loans to Micro Small and Medium Enterprises (MSMEs) dated 11/06/2020.
Reference:
Ext.A9
Document Type:
Agreement-cum-Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original agreement-cum-deed of hypothecation dated 11/06/2020.
Reference:
Ext.A10
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
Original take delivery letter to DPN dated 11/06/2020.
Reference:
Ext.A11
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Original loan application form for loans to Micro Small and Medium Enterprises (MSMEs) dated 31/03/2021.
Reference:
Ext.A12
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Letter of undertaking regarding loans/advances.
Reference:
Ext.A13
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Letter of renewal dated 31/03/2021.
Reference:
Ext.A14
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Bank statement of the loan account of the defendant certified under the Bankers Books Evidence Act for the period from 11/06/2020 to 11/04/2023 pertaining to the 1st loan.
Reference:
Ext.A15
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Bank statement of the loan account of the defendant certified under the Bankers Books Evidence Act in relation to the 2nd loan.
Reference:
Ext.A16
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Bank statement of the loan account of the defendant certified under the Bankers Books Evidence Act for the period from 06/06/2020 to 06/04/2023 pertaining to the 3rd loan.
Reference:
Ext.A17
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Bank statement of the loan account of the defendant certified under the Bankers Books Evidence Act for the period from 30/12/2021 to 30/03/2023 pertaining to the 4th loan.
Reference:
Ext.A18
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
Testimony from the plaintiff's witness (PW1) regarding the loan agreements and the defendant's obligations.
Reference:
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
OS.NO.
Case Code Year
2023