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O.S. No. 911/2023

Case between The Karnataka Bank Ltd vs Chackochan M J regarding realization of money

Court
Court of Munsiff, Ernakulam
Judge
Smt. Needi. K. Dinamany
Order Date
2024-12-10
Duration
approximately-9 years 6 months
Case Closed
Tue, 12/10/2024 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The Karnataka Bank Ltd is suing Chackochan M J for failure to repay a loan taken to purchase a vehicle. The court found the defendant liable for the outstanding amount.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the defendant to pay the plaintiff a total of Rs.1,29,493.54/- with specified interest rates for the delayed payment.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.1,29,493.54/- along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendant to pay the plaintiff a total of Rs.1,29,493.54/- with specified interest rates for the delayed payment.
Why Plaintiff Won:
Plaintiff established the case with ample documentation and evidentiary support to claim the outstanding dues.
Losing Side's Weaknesses:
Not available
Supporting Evidence
On perusal of the plaint, proof affidavit, and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,29,493.54/- with interest from defendant.

Judgment Evidence:

In the result, suit is decreed as follows: Defendants shall pay Rs.1,29,493.54/- along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Karnataka Bank Ltd
Party Role
Defendant
Party Name
Chackochan M J
Relation
S/o
Plaintiffs Documents
Credit Sanction Intimation dated 01.06.2015, Term Loan Agreement dated 04.06.2015, Hypothecation Agreement dated 06.06.2015, Letter of acknowledgment of debt dated 09.05.2018, Statement of accounts relating to Vehicle Loan.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K P Sujesh Kumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Keerthi K Narayan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Shalu S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aswin B
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Jeevan Joy
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Muhammed Musthafa A
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff sought the recovery of loan amounts.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,29,493.54/- with interest from defendant.
Relief Type: Injunction
Outcome: Granted
Description:
Defendant to pay interest on the outstanding amount.
Evidence:
Defendant is directed to pay interest at the rate of 12% per annum from the date of suit till the date of decree and 6% from the date of decree till the date of payment or realization.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Credit Sanction Intimation
Submitted By: Plaintiff
Relevance:
Issued to inform about the sanction of credit for the loan.
Reference:
Ext.A1
Document Type: Term loan agreement
Submitted By: Plaintiff
Relevance:
Executed by the defendant to confirm the terms of the loan.
Reference:
Ext.A2
Document Type: Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
Executed to secure the loan against the purchased vehicle.
Reference:
Ext.A3
Document Type: Registration Certificate
Submitted By: Plaintiff
Relevance:
Proof of vehicle registration linked to the hypothecation.
Reference:
Ext.A4
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
A letter confirming the defendant's acknowledgment of the debt.
Reference:
Ext.A5
Document Type: Credit Sanction Intimation
Submitted By: Plaintiff
Relevance:
Issued for the restructuring of the loan on a later date.
Reference:
Ext.A6
Document Type: Term loan agreement
Submitted By: Plaintiff
Relevance:
New agreement reflecting the restructured loan terms.
Reference:
Ext.A7
Document Type: Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
New hypothecation agreement related to the restructured loan.
Reference:
Ext.A8
Document Type: Acknowledgment of Debt
Submitted By: Plaintiff
Relevance:
Another acknowledgment from the defendant regarding outstanding debt.
Reference:
Ext.A9
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
Document detailing the account history for the vehicle loan.
Reference:
Ext.A10
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
Document detailing the account history for the second vehicle loan.
Reference:
Ext.A11

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between The Karnataka Bank Ltd vs Chackochan M J regarding realization of money
Case Code Year
Case between The Karnataka Bank Ltd vs Chackochan M J regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 06/01/2015 - 12:00
Case Closed
Tue, 12/10/2024 - 12:00
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Banking Company

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