Case Summary
Jenin Daniel seeks an injunction against Canara Bank to stop them from taking possession of his property, claiming it is not part of a mortgage. The bank argues that the property in question is secured under a loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
temporary injunction restraining the first defendant Bank
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The petitioner established a prima facie case that the Bank was attempting to seize property not covered by the mortgage.
The petitioner established a prima facie case that the Bank was attempting to seize property not covered by the mortgage.
Judgment Evidence:
In the result:- The petition is allowed. The first respondent Bank is restrained by a temporary injunction from taking possession of the plaint A schedule property under the pretext of SARFAESI Act proceedings initiated against the second respondent and the alleged plaint B schedule property, pending the disposal of the suit.
Parties Involved
Plaintiffs
Jenin Daniel (56 years years)
Vandanathil House, Vengola Kara, West Vengola P.O., Kunnathunad Taluk, Arackappady Village, Ernakulam District, PIN- 683556
Defendants
Canara Bank (Age not specified years)
Canara Bank Building, Perumbavoor, Perumbavoor P.O., PIN-683542
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
The petitioner seeks a temporary injunction restraining the Bank from taking possession of the plaint A schedule property.
Evidence:
The petition is allowed. The first respondent Bank is restrained by a temporary injunction from taking possession of the plaint A schedule property under the pretext of SARFAESI Act proceedings.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
The petitioner claims ownership of the plaint A schedule property through these title deeds.
Reference:
Nos. 1724/1991, 5979/1997, 4123/1999, 2636/2005, and 2637/2005
Document Type:
Deed of Deposit
Submitted By:
Defendant
Relevance:
The Bank claims possession documents, including the deed of deposit, to substantiate the mortgage.
Reference:
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
The Bank asserts it holds necessary documents, including the encumbrance certificate.
Reference:
Document Type:
Tax Receipts
Submitted By:
Defendant
Relevance:
The Bank claims to possess relevant tax receipts as part of its evidence.
Reference:
Document Type:
Sketch
Submitted By:
Defendant
Relevance:
The Bank includes a sketch among the documents it holds to support its claims.
Reference: