Case Summary
The plaintiff, M/s. Canara Bank, is seeking recovery of dues from the defendant, Smt. Smitha Pillai, who failed to repay credit card dues. The case proceeded ex parte as the defendant did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.49,832.04 with interest and costs
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing them to recover the owed amount along with specified interest rates.
Why Plaintiff Won:
The claims of the plaintiff were established through the unrebutted evidence provided.
The claims of the plaintiff were established through the unrebutted evidence provided.
Losing Side's Weaknesses:
The claims of the plaintiff were established through the unrebutted evidence provided.
The claims of the plaintiff were established through the unrebutted evidence provided.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A7 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize an amount of Rs.49,832.04/- ... 4. Plaintiff is entitled to realize costs of the suit from defendant and from her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Canara Bank
- Party Role
- Defendant
- Party Name
- Smt. Smitha Pillai
- Relation
- W/o
Plaintiffs Documents
Original savings bank account opening form, Credit card application form, Request letter for credit card, Copy of lawyer's notice, Postal receipt, Original returned lawyer's notice along with A/D card, Statement of account along with certification
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jiji N. Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.49,832.04/- from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.49,832.04/-.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest at 12% per annum from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.49,832.04/- from the date of suit till date decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest at 6% per annum from the date of decree till realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.49,832.04/- from date of decree till date of realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant.
Documents & Evidence
Document Type:
Original savings bank account opening form
Submitted By:
Plaintiff
Relevance:
Document establishing the defendant's bank account existence.
Reference:
Ext.A1
Document Type:
Credit card application form
Submitted By:
Plaintiff
Relevance:
Document showing the defendant's request for a credit card.
Reference:
Ext.A2
Document Type:
Request letter for credit card
Submitted By:
Plaintiff
Relevance:
Document supporting the issuance of a credit card to the defendant.
Reference:
Ext.A3
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding outstanding dues.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice.
Reference:
Ext.A5
Document Type:
Original returned lawyer's notice
Submitted By:
Plaintiff
Relevance:
Document showing that the lawyer's notice was returned.
Reference:
Ext.A6
Document Type:
Statement of account along with certification
Submitted By:
Plaintiff
Relevance:
Document detailing the defendant's outstanding balance.
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 M/s. Canara Bank vs Smt. Smitha Pillai regarding realization of money
Case Code Year
Case between M/s. Canara Bank vs Smt. Smitha Pillai regarding realization of money