Case Summary
The plaintiff, M/s. Canara Bank, is seeking recovery of dues from the defendant, Smt. Smitha Pillai, who failed to repay credit card dues. The case proceeded ex parte as the defendant did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.49,832.04 with interest and costs
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The claims of the plaintiff were established through the unrebutted evidence provided.
The claims of the plaintiff were established through the unrebutted evidence provided.
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize an amount of Rs.49,832.04/- ... 4. Plaintiff is entitled to realize costs of the suit from defendant and from her assets.
Parties Involved
Plaintiffs
M/s. Canara Bank (Age not specified years)
112, J.C. Road, Bangalore and one of its Branch office at Maradu, Emakulam
Defendants
Smt. Smitha Pillai (Age not specified years)
Kizhakkedath House, Mambra.P.O, Pin - 680308, Thrissur District
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.49,832.04/- from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.49,832.04/-.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest at 12% per annum from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.49,832.04/- from the date of suit till date decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest at 6% per annum from the date of decree till realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.49,832.04/- from date of decree till date of realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant.
Documents & Evidence
Document Type:
Original savings bank account opening form
Submitted By:
Plaintiff
Relevance:
Document establishing the defendant's bank account existence.
Reference:
Ext.A1
Document Type:
Credit card application form
Submitted By:
Plaintiff
Relevance:
Document showing the defendant's request for a credit card.
Reference:
Ext.A2
Document Type:
Request letter for credit card
Submitted By:
Plaintiff
Relevance:
Document supporting the issuance of a credit card to the defendant.
Reference:
Ext.A3
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding outstanding dues.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice.
Reference:
Ext.A5
Document Type:
Original returned lawyer's notice
Submitted By:
Plaintiff
Relevance:
Document showing that the lawyer's notice was returned.
Reference:
Ext.A6
Document Type:
Statement of account along with certification
Submitted By:
Plaintiff
Relevance:
Document detailing the defendant's outstanding balance.
Reference:
Ext.A7