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O.S No. 386/2023

Case between Canara Bank vs Eternal Fashion and Beauty et al regarding recovery of money.

Court
I Additional Munsiff, Ernakulam
Judge
Sri. Nanda Krishna M.
Order Date
2024-09-30
Duration
approximately-7 years 6 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The case involves Canara Bank filing a suit against Eternal Fashion and Beauty and its proprietor Bindy Antony for recovery of a loan amount due. The defendant failed to repay the loan taken for establishing the beauty parlor, leading to the bank seeking repayment through legal action.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount plus interest. The plaintiff is also entitled to recover costs.
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs.9,34,690/- with 7.75% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.

Judgment Evidence:

The suit is decreed directing the defendant to pay an amount of Rs.9,34,690/- (Rupees Nine lakhs Thirty Four Thousand Six hundred and ninety only) with 7.75% interest per annum from the date of suit till the date of decree.

Parties Involved

Plaintiffs

Canara Bank (Age not specified years) Vaduthala Branch, First Floor, Vakkachan towers, Chittoor road, Vaduthala, Ernakulam – 682 023

Defendants

Eternal Fashion and Beauty (Age not specified years) Kalathiparambil building, chittoor road, Vaduthala – 682 023 Bindu Antony (35 years) 783(1325 Kuttikadan House, puspaka road, 43 Thrikkanarvattom, Kochi corporation – 682 018 Bindu Antony (35 years) Kuttikadu house, Kakkathuruthi, Thsrissur, Kerala – 680 122

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff's claim for recovery of an amount due from the defendant.
Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.9,34,690/- (Rupees Nine lakhs Thirty Four Thousand Six hundred and ninety only) with 7.75% interest per annum from the date of suit till the date of decree.

Documents & Evidence

Document Type: Letter of Authorisation
Submitted By: Plaintiff
Relevance:
Submitted as proof of authorization for the bank to represent.
Reference:
Ext.A1
Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Original loan application submitted by the defendant for the loan.
Reference:
Ext.A2
Document Type: Letter of Sanction
Submitted By: Plaintiff
Relevance:
Document showing the bank's sanction of the loan.
Reference:
Ext.A3
Document Type: Composite Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
Agreement which details collateral security for the loan.
Reference:
Ext.A4
Document Type: Acknowledgment of Debt and Security
Submitted By: Plaintiff
Relevance:
Proves the acknowledgment of the debt by the defendant.
Reference:
Ext.A5
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice issued by the plaintiff demanding repayment of the loan.
Reference:
Ext.A6
Document Type: Returned cover and acknowledgment debt cards
Submitted By: Plaintiff
Relevance:
Documents evidencing the service of the lawyer's notice to the defendant.
Reference:
Ext.A7

Quick Facts

Location
Ernakulam
Case Filed
Mon, 04/03/2017 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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