Case Summary
Canara Bank filed a suit against M/s Marwin Apparels and two others for the recovery of a loan amount. The defendants failed to appear in court to contest the claims, leading to a judgment in favor of the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay an amount of Rs. 6,92,331/- (Rupees Six lakhs Ninety Two thousand Three hundred and Thirty One only) to the plaintiff jointly and severally with future interest at the rate of 10.50% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, awarding them the claimed amount due to default by the defendants on their loan repayment.
Why Plaintiff Won:
Plaintiff's unchallenged evidence proved its case and it is entitled to a decree to realise the amount from the defendants.
Plaintiff's unchallenged evidence proved its case and it is entitled to a decree to realise the amount from the defendants.
Losing Side's Weaknesses:
Plaintiff's unchallenged evidence proved its case and it is entitled to a decree to realise the amount from the defendants.
Plaintiff's unchallenged evidence proved its case and it is entitled to a decree to realise the amount from the defendants.
Supporting Evidence
Plaintiff's unchallenged evidence proved its case and it is entitled to a decree to realise the amount from the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs and defendants shall pay an amount of Rs. 6,92,331/- (Rupees Six lakhs Ninety Two thousand Three hundred and Thirty One only) to the plaintiff jointly and severally with future interest at the rate of 10.50% per annum for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- M/s Marwin Apparels
- Relation
- represented by its Proprietor- Anees Mohammed
- Party Role
- Defendant
- Party Name
- Sandeep Chandra Mohan
- Party Age
- 36
- Party Role
- Defendant
- Party Name
- Shameera Rehim
- Relation
- W/o Anees Mohammed
Plaintiffs Documents
Original Loan Application dated 16.01.2017, Composite Hypothecation Agreement dated 24.01.2017, Guarantee Agreement executed by the 1st defendant dated 24.01.2017, Guarantee Agreement executed by the 2nd defendant dated 24.01.2017, Guarantee Agreement executed by the 3rd defendant dated 24.01.2017, Copy of statement of account with certificate dated 19.12.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.Prasanth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover an amount of Rs. 6,92,331/- from the defendants.
Evidence:
Thus, the suit is decreed with costs and defendants shall pay an amount of Rs. 6,92,331/- (Rupees Six lakhs Ninety Two thousand Three hundred and Thirty One only) to the plaintiff jointly and severally with future interest at the rate of 10.50% per annum for the principal amount from the date of suit till date of realization.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document was submitted as part of the evidence to support the plaintiff's case regarding the loan application.
Reference:
Ext.A1
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the terms under which the first defendant agreed to secure the loan.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document is a guarantee agreement executed by the first defendant to ensure loan repayment.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document is a guarantee agreement executed by the second defendant to ensure loan repayment.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document is a guarantee agreement executed by the third defendant to ensure loan repayment.
Reference:
Ext.A5
Document Type:
Copy of Statement of Account with Certificate
Submitted By:
Plaintiff
Relevance:
This document provides the financial details of the outstanding amount due on the loan.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2022