Case Summary
Canara Bank has filed a suit against Smt. Anjana. P for the recovery of a cash credit amount that was not repaid. The defendant did not appear in court, leading to a judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs.4,69,374.12 with future interest.
Case Type
Civil Suit
Final Judgment
No
The court has decreed in favor of the plaintiff, ordering the defendant to pay the outstanding amount along with interest.
Why Plaintiff Won:
The plaintiff proved their case through unchallenged evidence and documents.
The plaintiff proved their case through unchallenged evidence and documents.
Losing Side's Weaknesses:
The plaintiff proved their case through unchallenged evidence and documents.
The plaintiff proved their case through unchallenged evidence and documents.
Supporting Evidence
The evidence of PW1 and the documents produced by him remains unchallenged. As such, I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: 1) The defendant is directed to pay an amount of Rs.4,69,374.12 with future interest at 12% 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
- Smt. Anjana. P
- Party Age
- 30
- Relation
- D/o
Plaintiffs Documents
Sanction Memorandum, Pronote, Request for overdraft facility, Cash credit agreement, Letter of undertaking, Loan sanction Memorandum, Supplemental agreement, Letter of renewal, Link letter, Copy of lawyer notice, Postal acknowledgment card, Account statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Lissy. K. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Order for the defendant to pay the outstanding loan amount with interest.
Evidence:
The defendant is directed to pay an amount of Rs.4,69,374.12 with future interest at 12% per annum.
Relief Type:
Cost
Outcome:
Granted
Description:
Entitlement of the plaintiff to recover 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:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Sanction memorandum for the cash credit facility granted to the defendant.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Pronote executed by the defendant promising to pay the cash credit amount.
Reference:
Ext.A2
Document Type:
Request for overdraft facility
Submitted By:
Plaintiff
Relevance:
Request for overdraft facility executed by the defendant.
Reference:
Ext.A3
Document Type:
Cash Credit Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendant hypothecating stock in trade for the cash credit.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Letter wherein the defendant undertakes to repay the borrowed amount.
Reference:
Ext.A5
Document Type:
Loan Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Memorandum for the loan sanction issued during a renewal.
Reference:
Ext.A6
Document Type:
Supplemental Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendant for renewal of the cash credit facility.
Reference:
Ext.A7
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
Letter agreeing to comply with terms for renewal of credit facilities.
Reference:
Ext.A8
Document Type:
Link letter
Submitted By:
Plaintiff
Relevance:
Link letter in respect of enhancement of credit facilities.
Reference:
Ext.A9
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendant for payment of outstanding amount.
Reference:
Ext.A10
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt for the legal notice sent.
Reference:
Ext.A11
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Statement showing the amount outstanding in the cash credit account.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Canara Bank vs Smt. Anjana. P regarding realisation of money
Case Code Year
Case between Canara Bank vs Smt. Anjana. P regarding realisation of money