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O.S No. 441/2024

Case between Canara Bank vs Anoop P.R regarding realisation of money

Court
IN THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-08-19
Duration
approximately-1 year 7 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Canara Bank filed a suit against Anoop P.R for the recovery of an outstanding loan amount. The defendant took a loan for starting a taxi business but failed to repay it.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, awarding them the outstanding loan amount plus interest. The defendant is required to pay this amount or face recovery actions by the bank.
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff, an amount of 8,44,294/- with interest at the rate of 6% per annum from the date of institution of the suit.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, awarding them the outstanding loan amount plus interest. The defendant is required to pay this amount or face recovery actions by the bank.
Why Plaintiff Won:
The plaintiff proved their case through uncontested evidence.
Losing Side's Weaknesses:
The plaintiff proved their case through uncontested evidence.
Supporting Evidence
I am of the opinion that the case of the plaintiff stands proved by the uncontested evidence of PW1.

Judgment Evidence:

In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 8,44,294/- (Rupees eight lakhs forty four thousand two hundred and ninety four only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Canara Bank
Party Role
Defendant
Party Name
Anoop P.R
Party Age
33
Relation
S/o
Plaintiffs Documents
Application for Loan, Loan Sanction Memorandum, Agreement Cum Deed of Hypothication, Deed of Hypothication, Letter of undertakings, Declaration, Acknowledgment of debt, Legal Notice, Computer print of Statement of Account
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Mathew Abraham
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
O.V Abraham
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
C.P. B Subramanian
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Rema Menon R
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The court ordered the defendant to pay the outstanding loan amount to the plaintiff.
Evidence:
Hence, the plaintiff is entitled to a decree in its favour.
Relief Type: Costs
Outcome: Granted
Description:
The court decided that the plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendant.

Documents & Evidence

Document Type: Application for Loan
Submitted By: Plaintiff
Relevance:
This document is related to the loan application made by the defendant.
Reference:
Ext.A1
Document Type: Loan Sanction Memorandum
Submitted By: Plaintiff
Relevance:
This document evidences the loan amount sanctioned to the defendant.
Reference:
Ext.A2
Document Type: Agreement cum Deed of Hypothication
Submitted By: Plaintiff
Relevance:
This document outlines the terms of the loan and the hypothecation.
Reference:
Ext.A3
Document Type: Deed of Hypothication
Submitted By: Plaintiff
Relevance:
This is a formal deed documenting the hypothecation for the loan.
Reference:
Ext.A4
Document Type: Letter of undertakings
Submitted By: Plaintiff
Relevance:
This document contains the undertakings provided by the defendant.
Reference:
Ext.A5
Document Type: Declaration
Submitted By: Plaintiff
Relevance:
This declaration is part of the loan documentation.
Reference:
Ext.A6
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
This document acknowledges the debt owed by the defendant.
Reference:
Ext.A7
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
This is a further acknowledgment of the debt by the defendant.
Reference:
Ext.A8
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
This legal notice was sent to the defendant regarding the loan default.
Reference:
Ext.A9
Document Type: Computer print of Statement of account
Submitted By: Plaintiff
Relevance:
This document outlines the account statements related to the loan.
Reference:
Ext.A10

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 Canara Bank vs Anoop P.R regarding realisation of money
Case Code Year
Case between Canara Bank vs Anoop P.R regarding realisation of money

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 01/12/2024 - 12:00
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Bank

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