Case Summary
Canara Bank filed a suit against Red Cube Interiors Decoration for the recovery of a loan amount. The defendants failed to appear in court, leading to an ex parte decision.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹5,63,429.68/- with 6% interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing recovery of the loan amount with interest.
Why Plaintiff Won:
The court found sufficient evidence of the loan agreement and breach by the defendants.
The court found sufficient evidence of the loan agreement and breach by the defendants.
Losing Side's Weaknesses:
The court found sufficient evidence of the loan agreement and breach by the defendants.
The court found sufficient evidence of the loan agreement and breach by the defendants.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹5,63,429.68/- is due from the defendants.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹5,63,429.68/- (Rupees Five Lakhs Sixty-Three Thousand Four Hundred and Twenty-Nine and Sixty-Eight paise only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Red Cube Interiors Decoration
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sudheesh S
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Original Loan Application dated 09.08.2021, Cash Credit Agreement dated 16.08.2021, Promissory Note dated 16.08.2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Pradeep P.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renu.G
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹5,63,429.68 with interest from the defendants.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹5,63,429.68/- (Rupees Five Lakhs Sixty-Three Thousand Four Hundred and Twenty-Nine and Sixty-Eight paise only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to recover the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
The original loan application dated 09/08/2021 was produced to substantiate the loan granted.
Reference:
Ext.A1
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
The Cash Credit Agreement dated 16/08/2021 was provided to highlight the terms of the loan.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The Promissory Note dated 16/08/2021 executed by the 1st defendant was used to show the obligation to repay the loan.
Reference:
Ext.A3
Document Type:
Copy of the bank statement
Submitted By:
Plaintiff
Relevance:
A copy of the bank statement certified under the Bankers' Books Evidence Act was submitted to prove the outstanding amount.
Reference:
Ext.A4
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