Case Summary
Canara Bank filed a suit against Nisamudheen. N. P for the recovery of money owed due to unpaid loans granted for the defendant's business. The plaintiff claims that the defendant has defaulted on multiple loan agreements.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.8,97,962.38 with future interest at 9% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to pay the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff proved their case with unchallenged oral testimony and substantial documentary evidence.
The plaintiff proved their case with unchallenged oral testimony and substantial documentary evidence.
Losing Side's Weaknesses:
The plaintiff proved their case with unchallenged oral testimony and substantial documentary evidence.
The plaintiff proved their case with unchallenged oral testimony and substantial documentary evidence.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and exhibits A1 to A27 documents in evidence.
Judgment Evidence:
In the result, suit is decreed as follows: 1) The defendant is directed to pay an amount of Rs.8,97,962.38 with future interest at 9 per cent per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Nisamudheen. N. P
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Loan sanction letter dated 15.11.2017, Loan agreement, Promissory note, Acknowledgement of debt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Nikhil. T. M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anaswara. N
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.8,97,962.38/- with interest.
Evidence:
In the result, suit is decreed as follows: The defendant is directed to pay an amount of Rs.8,97,962.38/- with future interest at 9 per cent per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Relief Type:
Cost
Outcome:
Granted
Description:
Recovery of costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document is the initial loan sanction letter for an amount of Rs.5,00,000/-.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as a promise to pay back the borrowed amount.
Reference:
Ext.A3
Document Type:
Request for Overdraft Facilities
Submitted By:
Plaintiff
Relevance:
This document is a request made by the defendant for additional overdraft facilities.
Reference:
Ext.A4
Document Type:
Enhancement letter
Submitted By:
Plaintiff
Relevance:
This document details the enhancement of the loan amount.
Reference:
Ext.A5
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as a renewed promise to pay back the enhanced amount.
Reference:
Ext.A6
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
This document renews the terms of the loan.
Reference:
Ext.A7
Document Type:
Supplemental Agreement
Submitted By:
Plaintiff
Relevance:
This document supplements the original loan agreement.
Reference:
Ext.A8
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
This document marks another renewal of the loan.
Reference:
Ext.A9
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document authorizes the terms of the loan as agreed.
Reference:
Ext.A10
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
This document is a further renewal of the loan agreement.
Reference:
Ext.A11
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document outlines the approved terms of the renewed loan.
Reference:
Ext.A12
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document confirms the defendant's acknowledgment of the debt.
Reference:
Ext.A13
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
This document indicates another renewal of the agreement.
Reference:
Ext.A14
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document sanctions the terms of the renewed loan.
Reference:
Ext.A15
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document confirms a subsequent acknowledgment of debt.
Reference:
Ext.A16
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document details the terms of a loan under a different scheme.
Reference:
Ext.A17
Document Type:
Debt Restructuring Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms structured for the loan repayment.
Reference:
Ext.A18
Document Type:
Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document is related to the loan processing details.
Reference:
Ext.A19
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document officially sanctions the loan under the new terms.
Reference:
Ext.A20
Document Type:
Resolution frame work and annexure
Submitted By:
Plaintiff
Relevance:
This document presents the resolution framework for the loan agreement.
Reference:
Ext.A21
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document states the sanctioned terms based on the framework.
Reference:
Ext.A22
Document Type:
Copy of Account statement
Submitted By:
Plaintiff
Relevance:
These documents provide the account statement of transactions.
Reference:
Ext.A23 to A25
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a notice sent to the defendant regarding the debt.
Reference:
Ext.A26
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document serves as proof of receipt of the notice by the defendant.
Reference:
Ext.A27
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 Nisamudheen. N. P regarding realization of money.
Case Code Year
Case between Canara Bank vs Nisamudheen. N. P regarding realization of money.