Case Summary
C S B Bank Limited is seeking repayment from the defendants, who took a cash credit loan and failed to repay it. The court found the defendants liable for the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.87,241/- along with interest at rates specified.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants must pay the amount due along with a reduced rate of interest. The suit was decreed in favor of the plaintiff.
Why Plaintiff Won:
Plaintiff established the case and proved the outstanding amount due.
Plaintiff established the case and proved the outstanding amount due.
Losing Side's Weaknesses:
Plaintiff established the case and proved the outstanding amount due.
Plaintiff established the case and proved the outstanding amount due.
Supporting Evidence
On an overall appreciation of the facts and evidence of the case, this court is satisfied that the plaintiff has succeeded in establishing the case and is entitled to realize an amount of Rs.87,241/- with interest from the defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.87,241/- (Rupees Eighty seven thousand two hundred and forty one only) along with interest @12% from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C S B Bank Limited
- Party Role
- Defendant
- Party Name
- Shri. Pradeepkumar C
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Ushadevi
- Party Age
- 54
- Relation
- W/o
Plaintiffs Documents
Copy of Power of Attorney, Loan agreement, Demand Promissory note for Rs. 1,00,000/-, Sanction letter issued to the defendant, Guarantee agreement, Revival letter, Postal receipts evidencing the service of legal notice, Returned registered postal cover with acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jafarkhan O S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.87,241/- along with interest.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.87,241/- along with interest @12% from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Interest is granted at a reduced rate compared to what was claimed.
Evidence:
I am not inclined to grant interest as claimed. Defendants are directed to pay interest at the rate of 12% per annum from the date of suit till the date of decree, and 6% from the date of decree till the date of payment or realization.
Documents & Evidence
Document Type:
Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document evidencing authority granted by the plaintiff to act in the case.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document showing the executed agreement for term loan in favor of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the promissory note for the loan amount.
Reference:
Ext.A3
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document showing the sanction of the loan to the defendants.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the guarantee agreement for the loan.
Reference:
Ext.A5
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt by the defendants.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Documents evidencing service of legal notice to the defendants.
Reference:
Ext.A7 and A7(a)
Document Type:
Returned registered postal cover
Submitted By:
Plaintiff
Relevance:
Documents showing the returned legal notices sent to the defendants.
Reference:
Ext.A8 and A8(a)
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document providing details of the loan account statement.
Reference:
Ext.A9
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony supporting the plaintiff's claims in the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between C S B Bank Limited vs Shri. Pradeepkumar C et al regarding realization of money
Case Code Year
Case between C S B Bank Limited vs Shri. Pradeepkumar C et al regarding realization of money