Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. No. 1187 of 2020

Case between M/s. Canara Bank vs Smt. Mini Jayakumar, Smt. Asha Prabhath regarding realisation of money.

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-03-19
Duration
approximately-4 years 0 days
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

This case involves M/s. Canara Bank and defendants Smt. Mini Jayakumar and Smt. Asha Prabhath regarding the recovery of a loan amount due. The defendants defaulted on repayment of a loan taken from the bank, leading to this suit.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest from the defendants.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs.64,696 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest from the defendants.
Why Plaintiff Won:
The plaintiff proved the loan agreement and the defendants' defaults.
Losing Side's Weaknesses:
The plaintiff proved the loan agreement and the defendants' defaults.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A8 documents the plaint averments stands proved.

Judgment Evidence:

In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.64,696 together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. Canara Bank
Party Role
Defendant
Party Name
Smt. Mini Jayakumar
Party Age
47
Relation
W/o
Party Role
Defendant
Party Name
Smt. Asha Prabhath
Relation
D/o
Plaintiffs Documents
Loan application form, Sanction memorandum, Take delivery letter to DPN, Acknowledgment of debt and security, Office copy of the lawyer notice, Postal receipt, 2 Postal envelope, Computer printout of statement of account.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Jiji.N.Varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anup.T.Paul
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff bank is allowed to recover Rs.64,696 along with interest.
Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.64,696.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff bank is entitled to get the costs of the suit.
Evidence:
B) The plaintiff bank is also entitled to get the costs of the suit from the defendants.

Documents & Evidence

Document Type: Loan Application Form
Submitted By: Plaintiff
Relevance:
Used to establish the loan agreement between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type: Sanction Memorandum
Submitted By: Plaintiff
Relevance:
Document evidencing the sanction of the loan to the defendants.
Reference:
Ext.A2
Document Type: Take Delivery Letter to DPN
Submitted By: Plaintiff
Relevance:
Document indicating the delivery of the loan amount to the defendants.
Reference:
Ext.A3
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
Acknowledgment from the defendants confirming their debt to the plaintiff.
Reference:
Ext.A4
Document Type: Office copy of the lawyer notice
Submitted By: Plaintiff
Relevance:
Document that shows the plaintiff's attempt to notify the defendants regarding the default.
Reference:
Ext.A5
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Document evidencing the sending of the notice to the defendants.
Reference:
Ext.A6
Document Type: Postal Envelope
Submitted By: Plaintiff
Relevance:
Document related to the communication sent to the defendants.
Reference:
Ext.A7
Document Type: Computer printout of statement of account for the period
Submitted By: Plaintiff
Relevance:
Used to substantiate the claim regarding the amount due from the defendants.
Reference:
Ext.A8

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Canara Bank vs Smt. Mini Jayakumar, Smt. Asha Prabhath regarding realisation of money.
Case Code Year
Case between M/s. Canara Bank vs Smt. Mini Jayakumar, Smt. Asha Prabhath regarding realisation of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 02/24/2020 - 12:00
Case Closed
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

Similar Cases

Case between Union Bank of India vs Dasan P.K. et al regarding Realization Of Money
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Civil Suit Plaintiff Won
Case between HDFC Bank Limited vs Baby P C et al regarding non-repayment of home loan
COURT OF MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between State Bank of India vs Johnson N.D regarding loan repayment
COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between IDBI Bank Limited vs Kudumbasree Div 7 NHG 16 Jyothis et al regarding realization of money
COURT OF MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between Bank of India vs Shamna Basheer, Aysha Basheer regarding realization of money.
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Civil Suit Plaintiff Won