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O.S. No. 1219 / 2023

Case between Canara Bank et al vs Smt. Sathidevi S regarding realization of money

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi. K. Dinamany
Order Date
2024-10-21
Duration
approximately-1 year 4 months 21 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves Canara Bank as the plaintiff seeking to recover a loan amount from the defendant, Smt. Sathidevi S, who defaulted on the loan. The court found that the plaintiff successfully proved their case.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.4,22,335.52/- along with interest @10.25% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff established a case based on unchallenged evidence and documentation showing the defendant's liability.
Losing Side's Weaknesses:
The plaintiff established a case based on unchallenged evidence and documentation showing the defendant's liability.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,22,335.52/- with interest from defendant.

Judgment Evidence:

In the result, suit is decreed as follows: Defendant shall pay Rs.4,22,335.52/- along with interest @10.25% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Canara Bank, Kalamasserry Branch
Party Role
Defendant
Party Name
Smt. Sathidevi S
Party Age
60
Relation
W/o Rajendra Kumar M
Plaintiffs Documents
Application for advance, Vehicle loan Sanction Communication letter, Receipts of loan amount, Hypothecation Agreement, Acknowledgement of debt, Lawyer notice, Postal receipt, Recall Notice, Statement of Account.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P V Prakasan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
A B Shrilatha
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Eldo K Mathew
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Tomy Pettah
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover Rs.4,22,335.52/- with interest
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,22,335.52/- with interest from defendant.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff is also entitled to realize the costs of the suit
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Application for Advance
Submitted By: Plaintiff
Relevance:
Showed that defendant submitted application for advance of Rs.6,00,000/-
Reference:
Ext.A1
Document Type: Vehicle loan Sanction Communication letter
Submitted By: Plaintiff
Relevance:
Indicated that the vehicle loan was sanctioned by the plaintiff bank to defendant
Reference:
Ext.A2
Document Type: Original Receipt
Submitted By: Plaintiff
Relevance:
Served as evidence of receipt signed by the defendant for receiving Rs. 6,00,000/-
Reference:
Ext.A3
Document Type: Letter from the defendant
Submitted By: Plaintiff
Relevance:
Provided context regarding repayment terms
Reference:
Ext.A4
Document Type: Letter agreeing to repay the amount
Submitted By: Plaintiff
Relevance:
Demonstrated defendant's agreement to the repayment terms
Reference:
Ext.A5
Document Type: Composite Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
Established the agreement related to the hypothecation of the vehicle
Reference:
Ext.A6
Document Type: Acknowledgement of Debt
Submitted By: Plaintiff
Relevance:
Confirmed that the defendant acknowledged her debt on 21.05.2019
Reference:
Ext.A7
Document Type: Office copy of lawyer notice
Submitted By: Plaintiff
Relevance:
Indicated the demand for repayment made by the plaintiff
Reference:
Ext.A8
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Provided proof of service of lawyer's notice to the defendant
Reference:
Ext.A9
Document Type: Acknowledgement of Debt and Security
Submitted By: Plaintiff
Relevance:
Showed another acknowledgment of the debt from the defendant
Reference:
Ext.A10
Document Type: Recall Notice
Submitted By: Plaintiff
Relevance:
Served as evidence of the notice requesting payment of the outstanding amount
Reference:
Ext.A11
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Provided a record of transactions related to the loan
Reference:
Ext.A12

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 Canara Bank et al vs Smt. Sathidevi S regarding realization of money
Case Code Year
Case between Canara Bank et al vs Smt. Sathidevi S regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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