Case Summary
The plaintiff, Manager of Canara Bank, Kuttiadi Branch, filed a suit against the defendant for defaulting on a loan under the PMMY scheme. The court found the plaintiff's claim for recovery of the loan amount unchallenged as the defendant was absent during the proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹2,26,824/- with interest @ 11.40 % per annum from the date of suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff bank for the recovery of ₹2,26,824/- from the defendant with interest at the rate of 11.40% per annum until realization.
Why Plaintiff Won:
The claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
Losing Side's Weaknesses:
The claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
The claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
Supporting Evidence
The claim of the plaintiff to realize the amount from the defendant stands unchallenged and undisputed.
Judgment Evidence:
Hence, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- MANAGER, CANARA BANK, KUTTIADI BRANCH
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- RATHEESH. K
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Pradhan Manthri Mudra Yojana application form, Sanction letter, Deed of Hypothecation, Acknowledgment of Debt and Security, Copy of Lawyer Notice, Postal Receipt, Postal Acknowledgment Card, Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ramesan Katayam Kottummal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Haritha. O. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
To realize an amount of ₹2,26,824/- with interest.
Evidence:
The plaintiff is entitled to realize an amount of ₹2,26,824/- with interest @ 11.40 % per annum from the date of suit till the date of realization.
Relief Type:
Penal Interest
Outcome:
Denied
Description:
Claim of penal interest on the recovery amount.
Evidence:
The claim of penal interest is hereby denied.
Documents & Evidence
Document Type:
Pradhan Manthri Mudra Yojana application form
Submitted By:
Plaintiff
Relevance:
Submitted by the defendant to the plaintiff bank.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by Canara Bank, Kuttiadi Branch to the defendant.
Reference:
Ext.A2
Document Type:
Deed of Hypothecation in Registered Vehicles
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the Plaintiff Bank.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
From the defendant to the Plaintiff Bank.
Reference:
Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. Ramesan Katayam Kottummal to the defendant.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Related to the Lawyer Notice sent.
Reference:
Ext.A5 (a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Signed by the defendant.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Of Ratheesh. K (A/c No. 170000187980) of Canara Bank, Kuttiadi Branch.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of Loan
Case Code
Case between MANAGER, CANARA BANK, KUTTIADI BRANCH vs RATHEESH. K regarding realization of money.
Case Code Year
Case between MANAGER, CANARA BANK, KUTTIADI BRANCH vs RATHEESH. K regarding realization of money.