Case Summary
C S B Bank Limited is seeking repayment from the defendants, who took a cash credit loan and failed to repay it. The court found the defendants liable for the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.87,241/- along with interest at rates specified.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established the case and proved the outstanding amount due.
Plaintiff established the case and proved the outstanding amount due.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.87,241/- (Rupees Eighty seven thousand two hundred and forty one only) along with interest @12% from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Parties Involved
Plaintiffs
C S B Bank Limited (Age not specified years)
Thrissur and Branches among other places at Kakkanad
Defendants
Shri. Pradeepkumar C (47 years)
14/208/12, Coimbatore Road, Kalmandapam, Palakkad, Pin- 678001
Smt. Ushadevi (54 years)
14/208/12, Coimbatore Road, Kalmandapam, Palakkad, Pin- 678001
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.87,241/- along with interest.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.87,241/- along with interest @12% from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Interest is granted at a reduced rate compared to what was claimed.
Evidence:
I am not inclined to grant interest as claimed. Defendants are directed to pay interest at the rate of 12% per annum from the date of suit till the date of decree, and 6% from the date of decree till the date of payment or realization.
Documents & Evidence
Document Type:
Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document evidencing authority granted by the plaintiff to act in the case.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document showing the executed agreement for term loan in favor of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the promissory note for the loan amount.
Reference:
Ext.A3
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document showing the sanction of the loan to the defendants.
Reference:
Ext.A4
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the guarantee agreement for the loan.
Reference:
Ext.A5
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt by the defendants.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Documents evidencing service of legal notice to the defendants.
Reference:
Ext.A7 and A7(a)
Document Type:
Returned registered postal cover
Submitted By:
Plaintiff
Relevance:
Documents showing the returned legal notices sent to the defendants.
Reference:
Ext.A8 and A8(a)
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document providing details of the loan account statement.
Reference:
Ext.A9
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony supporting the plaintiff's claims in the case.
Reference: