Case Summary
Canara Bank filed a suit against Mrs. Preethymol P.T for recovering outstanding loan amounts. The defendant applied for various loan facilities but failed to make repayments, leading to significant outstanding liabilities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.5,73,584 with interest and costs
Case Type
Civil Suit
Final Judgment
No
The court decreed that Canara Bank is entitled to recover Rs.5,73,584 from Mrs. Preethymol P.T along with interest from the date of the suit. The plaintiff is also entitled to recover costs of the suit.
Why Plaintiff Won:
The plaintiff established their case through evidence and the defendant failed to appear and contest the claims.
The plaintiff established their case through evidence and the defendant failed to appear and contest the claims.
Losing Side's Weaknesses:
The plaintiff established their case through evidence and the defendant failed to appear and contest the claims.
The plaintiff established their case through evidence and the defendant failed to appear and contest the claims.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A15 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.5,73,584/- (Rupees Five Lakhs Seventy Three Thousand Five Hundred and Eighty Four only) from the defendant and from her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Mrs. Preethymol P.T
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Application form for loans, Pronote, Declaration, Letter of renewal, Acknowledgment of debt and security, various loan documents.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mathew Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- O.V Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.5,73,584/- from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.5,73,584/- (Rupees Five Lakhs Seventy Three Thousand Five Hundred and Eighty Four only) from the defendant and from her assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is granted interest @ 12% per annum on the amount due from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.5,73,584/- (Rupees Five Lakhs Seventy Three Thousand Five Hundred and Eighty Four only) from the date of suit till date decree from the defendant and from her assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is granted interest @ 6% per annum on the amount due from the date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.5,73,584/- (Rupees Five Lakhs Seventy Three Thousand Five Hundred and Eighty Four only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from her assets.
Documents & Evidence
Document Type:
Application Form for Loans to Micro Small and Medium Enterprises
Submitted By:
Plaintiff
Relevance:
This document establishes the basis of the loan application by the defendant.
Reference:
Ext.A1
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
This is the promissory note signed by the defendant in favor of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Declaration
Submitted By:
Plaintiff
Relevance:
This declaration was signed by the defendant in favor of the plaintiff bank.
Reference:
Ext.A3
Document Type:
Letter of renewal
Submitted By:
Plaintiff
Relevance:
This document indicates the renewal of the loan agreement.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This acknowledgment confirms the defendant's debt to the bank.
Reference:
Ext.A5
Document Type:
Application Form for Loans to MSMEs
Submitted By:
Plaintiff
Relevance:
Another application for loans made by the defendant.
Reference:
Ext.A6
Document Type:
Declaration
Submitted By:
Plaintiff
Relevance:
This is another declaration signed by the defendant.
Reference:
Ext.A7
Document Type:
Loan Application Form Pradhan Mantri Mudra Yojana
Submitted By:
Plaintiff
Relevance:
Loan application under the Mudra scheme signed by the defendant.
Reference:
Ext.A8
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the hypothecation agreement for secured loan.
Reference:
Ext.A9
Document Type:
Declaration
Submitted By:
Plaintiff
Relevance:
This declaration was signed in support of a loan the defendant obtained.
Reference:
Ext.A10
Document Type:
Application Form for Loans to MSMEs
Submitted By:
Plaintiff
Relevance:
This further application for loans indicates continued loan requests by the defendant.
Reference:
Ext.A11
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This letter represents the defendant's undertaking regarding the loans.
Reference:
Ext.A12
Document Type:
Undertaking Letter from Borrowers
Submitted By:
Plaintiff
Relevance:
This letter is an undertaking from borrowers regarding obligations.
Reference:
Ext.A13
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
This notice indicates legal warning given to the defendant prior to suit.
Reference:
Ext.A14
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding amounts owed by the defendant.
Reference:
Ext.A15
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 Mrs. Preethymol P.T regarding realization of money
Case Code Year
Case between Canara Bank vs Mrs. Preethymol P.T regarding realization of money