Case Summary
The plaintiff, Punjab National Bank, claims that the defendants availed a loan and failed to repay it, resulting in a total outstanding amount. The defendants were represented in court but did not contest the claims, leading to an ex parte judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay an amount of 1,94,545/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendants to repay the loan amount along with interest. The judgment confirms the total dues owed to the bank.
Why Plaintiff Won:
The plaintiff provided uncontested evidence that established the debt owed by the defendants.
The plaintiff provided uncontested evidence that established the debt owed by the defendants.
Losing Side's Weaknesses:
The plaintiff provided uncontested evidence that established the debt owed by the defendants.
The plaintiff provided uncontested evidence that established the debt owed by the defendants.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, an amount of 1,94,545/- (Rupees one lakhs ninety four thousand five hundred and forty five only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Punjab National Bank
- Relation
- represented by
- Party Role
- Plaintiff
- Party Name
- Dinesh Shetty
- Party Age
- 55
- Relation
- S/o Late Shankar Shetty M
- Party Role
- Defendant
- Party Name
- M/s. Kuttikatt Stores
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Babu Thomas
- Party Age
- 49
- Relation
- S/o Thomas
Plaintiffs Documents
Loan Application form Pradhan Mathri Mudra Yojana, Declaration of Sole Proprietorship, Sanction letter, Agreement of Term Loan, Hypothication Agreement, Letter of lien, Demand Promissory note, Office copy of the loan recall letter, Unclaimed Postal Cover, True copy of Legal Notice, Returned Postal Cover (2 Nos.), Computer generated ledger report, Computer generated print of Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mohammed Navaz
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Indu K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay to the plaintiff an amount of 1,94,545/- with interest.
Evidence:
The defendants are directed to pay to the plaintiff, an amount of 1,94,545/- (Rupees one lakhs ninety four thousand five hundred and forty five only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Application form Pradhan Mathri Mudra Yojana
Submitted By:
Plaintiff
Relevance:
This document was used to establish the loan application made by the defendants.
Reference:
Ext.A1
Document Type:
Declaration of Sole Proprietorship
Submitted By:
Plaintiff
Relevance:
This document supports the claim of the defendants' business ownership.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the loan sanction given to the defendants.
Reference:
Ext.A3
Document Type:
Agreement of Term Loan
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms under which the loan was provided to the defendants.
Reference:
Ext.A4
Document Type:
Hypothication Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the hypothecation of assets related to the loan.
Reference:
Ext.A5
Document Type:
Letter of lien
Submitted By:
Plaintiff
Relevance:
This document signifies the lien placed on the assets as security for the loan.
Reference:
Ext.A6
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note indicates the demand for repayment from the defendants.
Reference:
Ext.A7
Document Type:
Office copy of the loan recall letter
Submitted By:
Plaintiff
Relevance:
This document evidences the recall of the loan by the plaintiff.
Reference:
Ext.A8
Document Type:
True copy of legal notice
Submitted By:
Plaintiff
Relevance:
This notice indicates legal action taken against the defendants for non-repayment.
Reference:
Ext.A10
Document Type:
Computer generated ledger report
Submitted By:
Plaintiff
Relevance:
This report provides a summary of the financial transactions related to the loan.
Reference:
Ext.A12
Document Type:
Computer generated print of Statement of account
Submitted By:
Plaintiff
Relevance:
This statement outlines the account status and outstanding balance of the defendants.
Reference:
Ext.A13
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 Punjab National Bank et al vs M/s. Kuttikatt Stores et al regarding realisation of money.
Case Code Year
Case between Punjab National Bank et al vs M/s. Kuttikatt Stores et al regarding realisation of money.