Case Summary
Canara Bank has filed a suit against M/s Maztel and its proprietor Hashim. M.P for the realization of a loan amount. The defendants defaulted in payment despite receiving multiple demands from the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs.2,30,631/- with interest to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the loan amount along with interest and costs. It was found that the defendants had defaulted in payment despite receiving the loan.
Why Plaintiff Won:
The plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and Exhibits A1 to A7(a) documents which remains unchallenged.
The plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and Exhibits A1 to A7(a) documents which remains unchallenged.
Losing Side's Weaknesses:
The plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and Exhibits A1 to A7(a) documents which remains unchallenged.
The plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and Exhibits A1 to A7(a) documents which remains unchallenged.
Supporting Evidence
The plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and Exhibits A1 to A7(a) documents which remains unchallenged.
Judgment Evidence:
In the result, suit is decreed as follows: The defendants are directed to pay jointly and severally Rs.2,30,631/- (Rupees Two Lakhs Thirty Thousand And Six Hundred And Thirty One Only) to the plaintiff with interest at the rate of 7% per annum from the date of the suit till the date of decree and thereafter with interest at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- M/s Maztel
- Party Role
- Defendant
- Party Name
- Hashim. M.P
- Relation
- S/o
Plaintiffs Documents
Loan application by defendant, Agreement cum Deed of Hypothication by defendant, Acknowledgment of debt and security, Copy of Lawyer notice, Postal receipt, Acknowledgment Card, Account of statement for the period from 19.12.2017 to 08.07.2021, Certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Satheesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Sreedharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Arun Gopal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are directed to pay the loan amount along with interest and costs.
Evidence:
In the result, suit is decreed as follows: The defendants are directed to pay jointly and severally Rs.2,30,631/- (Rupees Two Lakhs Thirty Thousand And Six Hundred And Thirty One Only) to the plaintiff with interest at the rate of 7% per annum from the date of the suit till the date of decree and thereafter with interest at the rate of 6% per annum till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to the plaintiff.
Evidence:
The defendants are also directed to pay jointly and severally costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the loan application submitted by the defendants.
Reference:
Ext.A1
Document Type:
Agreement cum Deed of Hypothication
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement and security provided by the defendants for the loan.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document confirms the acknowledgment of the debt by the defendants.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document represents the legal notice sent to the defendants regarding the loan default.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the sending of the lawyer notice.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is related to the acknowledgments of the lawyer notice sent.
Reference:
Ext.A6
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document details the transactions and outstanding amount related to the loan.
Reference:
Ext.A7
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 M/s Maztel, Hashim. M.P regarding realization of loan amount
Case Code Year
Case between Canara Bank vs M/s Maztel, Hashim. M.P regarding realization of loan amount