Case Summary
M/s Punjab National Bank filed a suit against Ann Jose for the realization of a loan amount of Rs. 7,45,388.36 after the defendant defaulted on the payment. The bank claims that the defendant does not dispute the amount owed but has raised issues regarding the classification of the account as NPA.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs. 7,45,388.36 along with interest @ 12.70% from the date of suit till the date of decree and 6% from the date of decree till payment.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant, Ann Jose, is liable to pay the amount of Rs. 7,45,388.36 along with interest to the plaintiff, M/s Punjab National Bank. The court also stated that the defendant's assets will be personally liable for the payment.
Why Plaintiff Won:
The plaintiff proved the loan was sanctioned and not repaid, and the documentation supports their claim.
The plaintiff proved the loan was sanctioned and not repaid, and the documentation supports their claim.
Losing Side's Weaknesses:
The plaintiff proved the loan was sanctioned and not repaid, and the documentation supports their claim.
The plaintiff proved the loan was sanctioned and not repaid, and the documentation supports their claim.
Supporting Evidence
The plaintiff herein has proved the payment of loan amount to the defendant and by virtue of Ext A7 statement it is evident that the loan was not repaid by the defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.7,45,388.36/- along with interest @ 12.70% from the date of suit till the date of decree and 6% from the date of decree till payment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Punjab National Bank
- Party Role
- Defendant
- Party Name
- Ann Jose
- Party Age
- 49
- Relation
- W/o
Plaintiffs Documents
Original Sanction Letter, Hypothecation Agreement, Term Loan Agreement, Agreement of Hypothecation of Assets, Master Agreement, Undertaking, True extract of Loan account, Power of Attorney
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saji P Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C C Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mini G
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Seena A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saju K T
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thankarajan P K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sali P Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreeraj K S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ramkumar J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Gayathri AL
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.7,45,388.36/- along with interest.
Evidence:
Defendant shall pay Rs.7,45,388.36/- (Rupees Seven lakhs forty five thousand three hundred eighty eight and thirty six paise only) along with interest @ 12.70% from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to plaintiff.
Relief Type:
Possession
Outcome:
Granted
Description:
Defendant's assets shall be liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and his assets shall be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
It shows that the plaintiff bank sanctioned term loan of Rs.7,64,000/- to defendant.
Reference:
Ext.A1
Document Type:
Original Hypothecation Agreement (For Road Transport Operator and Other Commercial Vehicle)
Submitted By:
Plaintiff
Relevance:
This document pertains to the hypothecation of vehicles as security for the loan.
Reference:
Ext.A2
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms of the loan provided to the defendant.
Reference:
Ext.A3
Document Type:
Original of Agreement of Hypothecation of Assets to secure Term Loan
Submitted By:
Plaintiff
Relevance:
This document secures the term loan with the defendant's assets.
Reference:
Ext.A4
Document Type:
Original Master Agreement
Submitted By:
Plaintiff
Relevance:
This is a comprehensive agreement governing the loan arrangement.
Reference:
Ext.A5
Document Type:
Original Undertaking
Submitted By:
Plaintiff
Relevance:
This undertaking outlines the responsibilities of the defendant regarding the loan.
Reference:
Ext.A6
Document Type:
True extract of Loan account in term Loan
Submitted By:
Plaintiff
Relevance:
It provides evidence of the transactions and outstanding balance of the loan.
Reference:
Ext.A7
Document Type:
True copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document designates a representative for the management of the loan.
Reference:
Ext.A8
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 M/s Punjab National Bank vs Ann Jose regarding realization of money
Case Code Year
Case between M/s Punjab National Bank vs Ann Jose regarding realization of money