Case Summary
CSB Bank filed a suit against Franklinraj.D and John Leena Franklin Raj for recovery of a loan amounting to Rs.5,59,556/- due to default in repayment. The court found that the defendants were in breach of the loan agreement and failed to appear for the proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is found entitled to realise an amount of Rs.5,59,556/- (Rupees Five lakhs fifty nine thousand five hundred and fifty six only) with 13.50% interest jointly or severally from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount along with interest from the defendants. The defendants were ordered to pay a specified amount into court.
Why Plaintiff Won:
The plaintiff established its case warranting the grant of reliefs sought for based on the evidence provided and the defendants' failure to challenge it.
The plaintiff established its case warranting the grant of reliefs sought for based on the evidence provided and the defendants' failure to challenge it.
Losing Side's Weaknesses:
The plaintiff established its case warranting the grant of reliefs sought for based on the evidence provided and the defendants' failure to challenge it.
The plaintiff established its case warranting the grant of reliefs sought for based on the evidence provided and the defendants' failure to challenge it.
Supporting Evidence
The plaintiff had established its case warranting the grant of reliefs sought for. The defendants chose to remain exparte till conclusion of the proceedings and there is nothing offered before Court by the defendants to disbelieve the version of plaintiff which remained unchallenged and unrebutted.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is found entitled to realise an amount of Rs.5,59,556/- (Rupees Five lakhs fifty nine thousand five hundred and fifty six only) with 13.50% interest jointly or severally from the defendants from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- CSB Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Franklinraj.D
- Party Age
- 47
- Party Role
- Defendant
- Party Name
- John Leena Franklin Raj
- Party Age
- 46
Plaintiffs Documents
Sanction Letter, Agreement for Hypothecation, Deed of Guarantee, Letter of Confirmation, Sale deed No.1068/2005, Sale deed No.825/2008, Sale deed No.966/2008, Sale deed No.1048/2008, Confirmation and acknowledgment of debt and Security, The copy of Advocate notice, Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.M.R Bindhu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.5,59,556/- with 13.50% interest.
Evidence:
In the result, the suit is decreed as follows:- Plaintiff is found entitled to realise an amount of Rs.5,59,556/- (Rupees Five lakhs fifty nine thousand five hundred and fifty six only) with 13.50% interest jointly or severally from the defendants from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to further interest at the rate of 6% on Rs.5,59,556/- from the date of decree till realization.
Evidence:
2.Plaintiff is entitled to realize further interest at the rate of 6% on Rs.5,59,556/- from the date of decree till realization jointly or severally from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are directed to pay the amount including interest by a certain date.
Evidence:
3.The defendants are hereby directed to pay into Court the amount of Rs.5,59,556/- (Rupees Five lakhs fifty nine thousand five hundred and fifty six only) with interest at the rate of 13.50 % on or before 18/08/2025.
Relief Type:
Recovery
Outcome:
Granted
Description:
If payment is not made, the plaintiff can apply for a final decree for the sale of mortgaged property.
Evidence:
4.It is hereby further ordered that in default of payment as aforesaid, the plaintiff shall apply to the Court for a final decree for the sale of mortgaged property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the proceedings from the defendants.
Evidence:
6.Plaintiff is entitled to realise the costs of the proceedings from the defendants.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document evidences the loan sanction granted by the bank to the first defendant.
Reference:
Ext.A1
Document Type:
Agreement for Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the terms under which the hypothecation of the property was agreed upon by the defendants.
Reference:
Ext.A2
Document Type:
Deed of Guarantee
Submitted By:
Plaintiff
Relevance:
This document serves as a guarantee for the loan taken by the first defendant.
Reference:
Ext.A3
Document Type:
Letter of Confirmation
Submitted By:
Plaintiff
Relevance:
This document confirms the loan arrangements made between the plaintiff and the defendants.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This sale deed is relevant as it pertains to the property mortgaged to secure the loan.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is another sale deed relating to the property associated with the loan.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This deed is part of the evidence showing ownership of the mortgaged property.
Reference:
Ext.A7
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document further establishes the ownership of the property used for equitable mortgage.
Reference:
Ext.A8
Document Type:
Confirmation and Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document is a debt acknowledgment by the defendants, confirming the loan amounts.
Reference:
Ext.A9
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants regarding their obligation to repay the loan.
Reference:
Ext.A10
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document outlines the outstanding dues and transactions related to the loans.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
O.S.NO.
Case Code Year
2020