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
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
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.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove 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
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by its Branch Manager, Rohit
- Party Role
- Defendant
- Party Name
- Eternal Fashion and Beauty
- Relation
- represented by its proprietor Bindy Antony
- Party Role
- Defendant
- Party Name
- Bindu Antony
- Party Age
- 35
- Party Role
- Defendant
- Party Name
- Bindu Antony
- Party Age
- 35
Plaintiffs Documents
True copy of Letter of Authorisation, Original Loan application submitted by the defendant, Letter of Sanction, Original composite Hypothecation agreement, Original acknowledgment of Debt and Security, True copy of the Lawyer notice issued by the Plaintiff, Original returned cover and 2 numbers of acknowledgment debt cards.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Ramesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kavya P Prasad
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Kamal Ram R
- Appearance Type
- Main Counsel
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
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 Eternal Fashion and Beauty et al regarding recovery of money.
Case Code Year
Case between Canara Bank vs Eternal Fashion and Beauty et al regarding recovery of money.