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O.S. No.1391/2019

Case between The Canara Bank vs Mr. Joseph Jilben regarding realization of money

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SRI. REGHUNATH N.S.
Order Date
2024-04-12
Duration
approximately-5 years 11 months 17 days
Case Closed
Fri, 04/12/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, The Canara Bank, is seeking repayment of a loan amounting to Rs.1,63,887 from the defendant, Mr. Joseph Jilben, who failed to repay the loan taken for purchasing a vehicle. The case was decided in favor of the plaintiff as the defendant was absent during the trial.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed with costs in favor of the plaintiff, allowing them to recover the loan amount along with interest from the defendant.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of Rs.1,63,887 with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed with costs in favor of the plaintiff, allowing them to recover the loan amount along with interest from the defendant.
Why Plaintiff Won:
The plaintiff proved the case through unchallenged oral testimony and documentary evidence.
Losing Side's Weaknesses:
The plaintiff proved the case through unchallenged oral testimony and documentary evidence.
Supporting Evidence
Having considered unchallenged oral testimony of PW1 and Exts. A1 to A8 and A10, it is evident that the defendant on availing the loan in connection with the purchase of a car committed default in repaying the loan amount as he agreed upon.

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.1,63,887 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
Relation
Rep. By its Manager
Party Role
Defendant
Party Name
Mr. Joseph Jilben
Party Age
38
Relation
S/o
Plaintiffs Documents
25.03.2014 Loan Application, 25.03.2014 Hypothication, 25.03.2014 Letter of undertaking, 25.03.2014 Letter evidencing Execution documents, 30.10.2019 Account statement, 30.08.2019 Copy of legal notice, 28.11.2013 Copy of certificate of loan papers, 25.03.2014 Particulars of Vehicle hypothecated, 02.11.2016 Defendant acknowledge the debt
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Nandakumar A
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ambily Liyona Lazar
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff sought to recover the outstanding loan amount from the defendant.
Evidence:
the suit is decreed with costs of the plaintiff as follows: The plaintiff is entitled to realize a sum of Rs.1,63,887/- (Rupees One lakh sixty three thousand eight hundred and eighty seven 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:
This document evidences the initial application for the loan availed by the defendant.
Reference:
Ext.A1
Document Type: Deed of Hypothecation
Submitted By: Plaintiff
Relevance:
This document establishes the security agreement for the loan provided for the vehicle.
Reference:
Ext.A2
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
This letter confirms the obligation of the defendant to repay the loan amount.
Reference:
Ext.A3
Document Type: Letter Evidencing Execution of Documents
Submitted By: Plaintiff
Relevance:
This document shows that the execution of essential documents took place related to the loan.
Reference:
Ext.A4
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
This statement provides the financial details of the defendant's loan account to support the plaintiff's claims.
Reference:
Ext.A5
Document Type: Copy of legal notice
Submitted By: Plaintiff
Relevance:
This notice was sent to the defendant demanding payment of the outstanding loan amount.
Reference:
Ext.A6
Document Type: Certificate of Loan Papers
Submitted By: Plaintiff
Relevance:
This certificate supports the plaintiff's case regarding the loan transaction.
Reference:
Ext.A7
Document Type: Particulars of Vehicle Hypothecated
Submitted By: Plaintiff
Relevance:
This document specifies the vehicle that was hypothecated as security for the loan.
Reference:
Ext.A8
Document Type: Defendant Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
This document shows that the defendant acknowledged the debt owed to the plaintiff.
Reference:
Ext.A10
Document Type: Oral Evidence
Submitted By: Plaintiff
Relevance:
The unchallenged oral testimony of the plaintiff's witness supported the claims made in the suit.
Reference:

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 Mr. Joseph Jilben regarding realization of money
Case Code Year
Case between The Canara Bank vs Mr. Joseph Jilben regarding realization of money

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 10/30/2019 - 12:00
Case Closed
Fri, 04/12/2024 - 12:00
From
Mon, 04/01/2024 - 12:00
To
Tue, 04/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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