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O.S. No.551/2023

Case between The Canara Bank vs Manitha.M.S. regarding realization of money

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Sri. Reghunath N.S.
Order Date
2024-04-12
Duration
approximately-2 years 4 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The Canara Bank filed a suit against Manitha.M.S. for recovery of a loan of Rs.2,78,035.62 due to irregular payments. The defendant failed to appear in court and was set ex-parte.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit, allowing the plaintiff to recover Rs.2,78,035.62 from the defendant with specified interest rates.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of Rs.2,78,035.62 with 9% 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, allowing the plaintiff to recover Rs.2,78,035.62 from the defendant with specified interest rates.
Why Plaintiff Won:
The plaintiff proved the loan agreement and default in payment by the defendant.
Losing Side's Weaknesses:
Not available
Supporting Evidence
Having considered the unchallenged oral testimony of PW1 and documentary evidence of Ext.A1 to A8 would show that the defendant availing a loan of Rs.2,12,000 committed default in repaying the loan amount.

Judgment Evidence:

In the result, the suit is decreed with costs of the plaintiff as follows: The plaintiff is entitled to realize a sum of Rs.2,78,035.62 from the defendant with 9% interest per annum from the date of suit till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Canara Bank
Party Role
Defendant
Party Name
Manitha.M.S.
Party Age
31
Relation
W/o
Plaintiffs Documents
Loan Application, Receipt, Composite Hypothecation Agreement, Demand promissory Note, Letter of confirmation, Statement of account
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
B. Jayaprakash
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Renju John
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Suja R. Nair
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Thresia Anu P.J.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Lovely K.S.
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff sought recovery of Rs.2,78,035.62 from the defendant.
Evidence:
In the result, the suit is decreed with costs of the plaintiff as follows: The plaintiff is entitled to realize a sum of Rs.2,78,035.62 (Rupees Two lakh seventy eight thousand and thirty five and sixty two paise only) from the defendant with 9% interest per annum from the date of suit till the date of decree and thereafter, 6% interest per annum till the date of realization from the defendant and his assets both movable and immovable.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Document shows the application for the loan availed by the defendant.
Reference:
Ext.A1
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Receipt evidencing the issuance of Rs.2,12,000 to the defendant.
Reference:
Ext.A2
Document Type: Composite Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
Agreement showing the hypothecation of assets for the loan amount.
Reference:
Ext.A3
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Document showing the defendant's promise to repay the loan.
Reference:
Ext.A4
Document Type: Letter of Confirmation
Submitted By: Plaintiff
Relevance:
Confirmation letter acknowledging the loan by the defendant.
Reference:
Ext.A5
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Statements showing the outstanding liability of the defendant.
Reference:
Ext.A6 and A7
Document Type: Copy of lower notice
Submitted By: Plaintiff
Relevance:
Lawyer notice sent to the defendant for repayment of the loan.
Reference:
Ext.A8

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 The Canara Bank vs Manitha.M.S. regarding realization of money
Case Code Year
Case between The Canara Bank vs Manitha.M.S. regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 04/08/2023 - 12:00
Case Closed
From
Mon, 04/01/2024 - 12:00
To
Tue, 04/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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