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O.S No. 386/2023

Case between Canara Bank vs Eternal Fashion and Beauty et al regarding recovery of money.

Court
I Additional Munsiff, Ernakulam
Judge
Sri. Nanda Krishna M.
Order Date
2024-09-30
Duration
approximately-7 years 6 months
Case Closed
Mon, 09/30/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Canara Bank filing a suit against Eternal Fashion and Beauty and its proprietor Bindy Antony for recovery of a loan amount due. The defendant failed to repay the loan taken for establishing the beauty parlor, leading to the bank seeking repayment through legal action.

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 plus interest. The plaintiff is also entitled to recover costs.
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs.9,34,690/- with 7.75% interest per annum from the date of suit till the date of decree.
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 plus interest. The plaintiff is also entitled to recover costs.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.

Judgment Evidence:

The suit is decreed directing the defendant to pay an amount of Rs.9,34,690/- (Rupees Nine lakhs Thirty Four Thousand Six hundred and ninety only) with 7.75% interest per annum from the date of suit till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Canara Bank
Relation
represented by its Branch Manager, Rohit
Party Role
Defendant
Party Name
Eternal Fashion and Beauty
Relation
represented by its proprietor Bindy Antony
Party Role
Defendant
Party Name
Bindu Antony
Party Age
35
Party Role
Defendant
Party Name
Bindu Antony
Party Age
35
Plaintiffs Documents
True copy of Letter of Authorisation, Original Loan application submitted by the defendant, Letter of Sanction, Original composite Hypothecation agreement, Original acknowledgment of Debt and Security, True copy of the Lawyer notice issued by the Plaintiff, Original returned cover and 2 numbers of acknowledgment debt cards.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
S.Ramesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Kavya P Prasad
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Kamal Ram R
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff's claim for recovery of an amount due from the defendant.
Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.9,34,690/- (Rupees Nine lakhs Thirty Four Thousand Six hundred and ninety only) with 7.75% interest per annum from the date of suit till the date of decree.

Documents & Evidence

Document Type: Letter of Authorisation
Submitted By: Plaintiff
Relevance:
Submitted as proof of authorization for the bank to represent.
Reference:
Ext.A1
Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Original loan application submitted by the defendant for the loan.
Reference:
Ext.A2
Document Type: Letter of Sanction
Submitted By: Plaintiff
Relevance:
Document showing the bank's sanction of the loan.
Reference:
Ext.A3
Document Type: Composite Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
Agreement which details collateral security for the loan.
Reference:
Ext.A4
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
Proves the acknowledgment of the debt by the defendant.
Reference:
Ext.A5
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice issued by the plaintiff demanding repayment of the loan.
Reference:
Ext.A6
Document Type: Returned cover and acknowledgment debt cards
Submitted By: Plaintiff
Relevance:
Documents evidencing the service of the lawyer's notice to the defendant.
Reference:
Ext.A7

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 vs Eternal Fashion and Beauty et al regarding recovery of money.
Case Code Year
Case between Canara Bank vs Eternal Fashion and Beauty et al regarding recovery of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 04/03/2017 - 12:00
Case Closed
Mon, 09/30/2024 - 12:00
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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