Case Summary
Canara Bank has filed a suit against Muhammed Ali Shihab and Muhammed Abu Thasleem for recovery of a loan amount due to them. The defendants defaulted on the repayment of a car loan taken from the plaintiff bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.5,00,500/- with interest at the rate of 11.85 percent from date of suit till date of decree and future interest at the rate of 6 percent from date of decree till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of the due amount from the defendants.
Why Plaintiff Won:
The plaintiff proved the case with unchallenged testimony and documents provided.
The plaintiff proved the case with unchallenged testimony and documents provided.
Losing Side's Weaknesses:
The plaintiff proved the case with unchallenged testimony and documents provided.
The plaintiff proved the case with unchallenged testimony and documents provided.
Supporting Evidence
The PW1 has categorically deposed regarding the transaction between the plaintiff bank and the defendant. He had tendered exhibits A1 to A9 series documents in evidence. The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Judgment Evidence:
The suit is decreed as follows:- 1.The plaintiff shall be entitled to realize Rs.5,00,500/- (Rupees Five Lakh five hundred only) from the defendants with interest at the rate of 11.85 percent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Muhammed Ali Shihab
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Abu Thasleem
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Loan application, Vehicle loan agreement, Guarantee agreement, Guarantee covering letter, Link letter when disbursement is done, Loan sanction memorandum, Acknowledgment of debt and security, Statement of account during the period, True copy of registered lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. K. Narayanan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.5,00,500/- from the defendants.
Evidence:
The suit is decreed as follows: The plaintiff shall be entitled to realize Rs.5,00,500/- (Rupees Five Lakh five hundred only) from the defendants with interest.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is part of the evidence to support the loan agreement between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type:
Vehicle Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the terms of the car loan availed by the defendants.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document serves as a guarantee for the loan taken by the defendants.
Reference:
Ext.A3
Document Type:
Guarantee covering letter
Submitted By:
Plaintiff
Relevance:
This document provides additional information regarding the guarantee for the loan.
Reference:
Ext.A4
Document Type:
Link letter
Submitted By:
Plaintiff
Relevance:
This document indicates the disbursement details of the loan.
Reference:
Ext.A5
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document confirms the sanctioning of the loan to the defendants.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the debt taken by the defendants.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides the account statement during the loan period indicating the amount due.
Reference:
Ext.A8
Document Type:
True copy of registered lawyer notice
Submitted By:
Plaintiff
Relevance:
This document shows the notice served to the defendants demanding repayment of the loan.
Reference:
Ext.A9
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 Muhammed Ali Shihab et al regarding recovery of money
Case Code Year
Case between Canara Bank vs Muhammed Ali Shihab et al regarding recovery of money