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Original Suit No. 41 OF 2018

Case between Canara Bank et al vs Pushpa.M.V. regarding Suit for realisation of money.

Court
IN THE COURT OF THE MUNSIFF OF TIRUR
Judge
Smt.NIMMI.K.K.
Order Date
2019-03-21
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Canara Bank filed a suit against Pushpa.M.V. for the recovery of a loan amount due. The defendant defaulted on repaying the loan taken for starting a new printing press.

Judgment Outcome

Plaintiff Won
Interim Order
The court directed the defendant to pay the plaintiff bank a total of Rs. 8,71,454 along with future interest. The suit was decreed in favor of the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
The defendant is hereby directed to pay the plaintiff bank an amount of Rs. 8,71,454/- with future interest at 10.95% per annum.
Case Type
Civil Suit
Final Judgment
No
The court directed the defendant to pay the plaintiff bank a total of Rs. 8,71,454 along with future interest. The suit was decreed in favor of the plaintiff.
Why Plaintiff Won:
The plaintiff bank proved its case by providing reliable evidence, and the defendant failed to contest the suit.
Losing Side's Weaknesses:
The plaintiff bank proved its case by providing reliable evidence, and the defendant failed to contest the suit.
Supporting Evidence
The evidence adduced by the PW1 remained unchallenged. I find no reason to disbelieve the evidence adduced by the plaintiff bank.

Judgment Evidence:

In the result, the suit is decreed as follows: I. The defendant is hereby directed to pay the plaintiff bank an amount of Rs. 8,71,454 /- (Rupees eight lakh seventy one thousand four hundred and fifty four only) with future interest at 10.95% per annum with monthly rests from the date of suit till the date of realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Canara Bank
Party Role
Defendant
Party Name
Pushpa.M.V.
Party Age
41
Relation
D/o
Plaintiffs Documents
Loan Application dated 19-9-2015, Sanction Memorandum dated 19-9-2015, Agreement cum Deed of Hypothecation dated 19-9-2015, Letter of undertaking re: Loans/Advances dated 19-9-2015, Letter in NF 373/3L dated 25-9-2015, Copy of Lawyer Notice dated 10-11-2017, Copy of Ledger Extract.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Smt.Mercyamma Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt.Jency Suresh
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri.K.V. Sabir
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendant is ordered to pay the outstanding loan amount with interest.
Evidence:
The defendant is hereby directed to pay the plaintiff bank an amount of Rs. 8,71,454 /- (Rupees eight lakh seventy one thousand four hundred and fifty four only) with future interest at 10.95% per annum with monthly rests from the date of suit till the date of realization.
Relief Type: Other
Outcome: Granted
Description:
The defendant shall pay the costs of the suit to the plaintiff.
Evidence:
The defendants shall pay the costs of the suit to the plaintiff.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Document executed by the defendant applying for the loan.
Reference:
Ext.A1
Document Type: Sanction Memorandum
Submitted By: Plaintiff
Relevance:
Document showing the bank's approval of the loan.
Reference:
Ext.A2
Document Type: Agreement cum deed of Hypothecation
Submitted By: Plaintiff
Relevance:
Document detailing the hypothecation of items for the loan.
Reference:
Ext.A3
Document Type: Letter of undertaking re: Loans/Advances
Submitted By: Plaintiff
Relevance:
Document executed by the defendant agreeing to the loan terms.
Reference:
Ext.A4
Document Type: Letter in NF 373/3L
Submitted By: Plaintiff
Relevance:
Document detailing hypothecated items.
Reference:
Ext.A5
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Document evidencing the demand for repayment made to the defendant.
Reference:
Ext.A6
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Document showing that the defendant accepted the lawyer notice.
Reference:
Ext.A6(a)
Document Type: Copy of Ledger Extract
Submitted By: Plaintiff
Relevance:
Document showing the outstanding amount due from the defendant.
Reference:
Ext.A7

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Canara Bank et al vs Pushpa.M.V. regarding Suit for realisation of money.
Case Code Year
Case between Canara Bank et al vs Pushpa.M.V. regarding Suit for realisation of money.

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Fri, 03/01/2019 - 12:00
To
Sun, 03/31/2019 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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