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O.S. No. 1250/2016

Case between C S B Bank Limited vs Shri. Pradeepkumar C et al regarding realization of money

Court
IN THE COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi. K. Dinamany
Order Date
2024-12-07
Duration
approximately-8 years 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed that the defendants must pay the amount due along with a reduced rate of interest. The suit was decreed in favor of the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.87,241/- along with interest at rates specified.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants must pay the amount due along with a reduced rate of interest. The suit was decreed in favor of the plaintiff.
Why Plaintiff Won:
Plaintiff established the case and proved the outstanding amount due.
Losing Side's Weaknesses:
Plaintiff established the case and proved the outstanding amount due.
Supporting Evidence
On an overall appreciation of the facts and evidence of the case, this court is satisfied that the plaintiff has succeeded in establishing the case and is entitled to realize an amount of Rs.87,241/- with interest from the defendant.

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

Parties

Party Role
Plaintiff
Party Name
C S B Bank Limited
Party Role
Defendant
Party Name
Shri. Pradeepkumar C
Party Age
47
Relation
S/o
Party Role
Defendant
Party Name
Smt. Ushadevi
Party Age
54
Relation
W/o
Plaintiffs Documents
Copy of Power of Attorney, Loan agreement, Demand Promissory note for Rs. 1,00,000/-, Sanction letter issued to the defendant, Guarantee agreement, Revival letter, Postal receipts evidencing the service of legal notice, Returned registered postal cover with acknowledgment card.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Jafarkhan O S
Appearance Type
Main Counsel

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:

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 C S B Bank Limited vs Shri. Pradeepkumar C et al regarding realization of money
Case Code Year
Case between C S B Bank Limited vs Shri. Pradeepkumar C et al regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 08/30/2016 - 12:00
Case Closed
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Bank

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