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OS No. 23 / 2024

Case between Canara Bank, Kolenchery Branch vs Apple Digital Hub et al regarding money recovery

Court
THE MUNSIFF KOLENCHERY
Judge
Smt. Sirsha NA
Order Date
2025-02-28
Duration

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

Plaintiff Canara Bank filed suit to recover money from defendants Apple Digital Hub et al. Defendants took loan from Syndicate Bank, which later merged with Canara Bank.

Judgment Outcome

Plaintiff Won
Interim Order
Plaintiff entitled to receive ₹7,83,349 with interest @ 12% per annum from defendants. Costs awarded to plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Recovery Suit
Final Judgment
No
Why Plaintiff Won:

Judgment Evidence:

The suit is decreed. The defendant do pay ₹7,83,349/- together with the interest @ 12% per annum from the date of the suit till realization to the plaintiff. The plaintiff is also entitled to get costs of the suit.

Parties Involved

Plaintiffs

Canara Bank, Kolenchery Branch (32 years) Living Tower, Ground Floor, Aikkaranadu North Village, Kolenchery Rohit.R (32 years) Puthenveedu House, Chirakkadavu East P.O, Kanjirappally

Defendants

Apple Digital Hub (36 years) M.C.P.Building, College Junction, Kolenchery Eldhose John (Age not specified years) Valiakathottu House, Thammanimattom, Ramamangalam P.O Sabu Paul (46 years) Kuthinappurathu House, Ramamangalam Kara, Ramamangalam Village

Reliefs

Relief Type: Money Recovery
Outcome: Granted
Description:
Decree for the payment of ₹7,83,349/- with interest to the plaintiff
Evidence:
Plaintiff provided oral and documentary evidence to establish right to recover

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Original of the loan application submitted by defendants 1 and 2
Reference:
Ext.A1
Document Type: Sanction letter
Submitted By: Plaintiff
Relevance:
Original sanction letter dated 23.08.2017
Reference:
Ext.A2
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Original demand promissory note executed by defendants
Reference:
Ext.A3
Document Type: Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
Original hypothecation agreement submitted by defendants 1 and 2
Reference:
Ext.A4
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
Original guarantee agreement
Reference:
Ext.A5
Document Type: Cash credit
Submitted By: Plaintiff
Relevance:
Original cash credit dated 24.08.2017
Reference:
Ext.A6
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
Original acknowledgment of debt and security dated 24.11.2021
Reference:
Ext.A7
Document Type: Renewal letters
Submitted By: Plaintiff
Relevance:
Original renewal letters dated 19.12.2018 and 20.12.2018
Reference:
Ext.A8
Document Type: Bank account statement and certificate
Submitted By: Plaintiff
Relevance:
Original bank account statement and certificate dated 01.02.2024
Reference:
Ext.A9
Document Type: Request for Overdraft Facilities
Submitted By: Plaintiff
Relevance:
Request for overdraft facilities dated 19.12.2018
Reference:
Ext.A10
Document Type: Authorization letter
Submitted By: Plaintiff
Relevance:
Authorization letter dated 02.07.2024
Reference:
Ext.A11

Quick Facts

Location
Case Filed
Outcome Confidence
50%

Involved Entities

Bank

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