Case Summary
The Karnataka Bank Ltd. filed a suit against Joju P.P and Brijitha for recovery of an outstanding loan amount for a vehicle that was declared a Non-Performing Asset due to non-payment. The court found that the defendants failed to appear in court and ruled in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Directing the defendant to pay an amount of 1,40,193/- with 9% interest
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff satisfactorily proved the claim with unchallenged evidence and documents.
The plaintiff satisfactorily proved the claim with unchallenged evidence and documents.
Judgment Evidence:
In the result, The suit is decreed directing the defendant to pay an amount of 1,40,193/- (Rupees One lakhs Forty Thousand One hundred and Ninety Three only) with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
The Karnataka Bank Ltd. (Age not specified years)
Mahaveera Circle, P.B.No 599, Kankanady, Mangaluru – 575 002
Defendants
Joju P.P (33 years years)
house no. 20/156, Pallipurathukaran house, Maruvakadu P.O, Chellanam, Ernakulam - 682 008
Brijitha (not known years)
H.No. 20/156, Pallipurathukaran house, Maruvakad P.O, Chellanam, Ernakulam – 682 008
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks to recover the outstanding loan amount.
Evidence:
The suit is decreed directing the defendant to pay an amount of 1,40,193/- (Rupees One lakhs Forty Thousand One hundred and Ninety Three only) with 9% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Term Loan sanction reference
Submitted By:
Plaintiff
Relevance:
Used to establish the loan granted to the defendant.
Reference:
Ext.A1
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Executed by the defendant, relevant to affirm the loan agreement.
Reference:
Ext.A2
Document Type:
Letter of Hypothecation
Submitted By:
Plaintiff
Relevance:
Related to the hypothecation of the vehicle as security for the loan.
Reference:
Ext.A3
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Proves the agreement terms for the loan sanctioned.
Reference:
Ext.A4
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Details the hypothecation of the vehicle executed by the defendant.
Reference:
Ext.A5
Document Type:
Copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Demonstrates the demand for payment made to the defendant.
Reference:
Ext.A6
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Shows the defendant acknowledged the debt and agreed to pay.
Reference:
Ext.A7
Document Type:
Copy of Recall Notice
Submitted By:
Plaintiff
Relevance:
Indicates further communication to the defendant regarding the loan.
Reference:
Ext.A8
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Confirms the defendant received a notice related to the loan.
Reference:
Ext.A9
Document Type:
Letter issued by the defendant
Submitted By:
Plaintiff
Relevance:
Communication from the defendant related to the loan.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Presents the account statements relevant to the loan.
Reference:
Ext.A11
Document Type:
Statement pertaining to unapplied interest
Submitted By:
Plaintiff
Relevance:
Details interest charges during the loan period.
Reference:
Ext.A12
Document Type:
Statement showing the rate of interest charged
Submitted By:
Plaintiff
Relevance:
Provides information on the interest rate applicable to the loan.
Reference:
Ext.A13