Case Summary
The case involves M/s Punjab National Bank, a nationalized banking institution, suing Ann Jose, a proprietrix of a business, for defaulting on loan repayments. The plaintiff claims that the defendant failed to repay loans amounting to ₹3,78,412.92.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹2,66,132.52 for the term loan and ₹1,12,280.42 for the cash credit, along with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay total dues of ₹3,78,412.92 along with interest at the rate of 10.70% per annum. The plaintiff is also entitled to litigation costs.
Why Plaintiff Won:
The court found that the documents and evidence presented substantiated the plaintiff's claims regarding the loans and the defendant's repayment defaults.
The court found that the documents and evidence presented substantiated the plaintiff's claims regarding the loans and the defendant's repayment defaults.
Losing Side's Weaknesses:
The court found that the documents and evidence presented substantiated the plaintiff's claims regarding the loans and the defendant's repayment defaults.
The court found that the documents and evidence presented substantiated the plaintiff's claims regarding the loans and the defendant's repayment defaults.
Supporting Evidence
The defendant herself has not rendered any oral evidence in this case. From the side of the defendant, Mr. Jose Francis, who is stated to be the CEO of the proprietary firm M/s Engineering Designs and Structural Stabilizations, has not raised any objection as to the correctness or veracity of the account statements produced...
Judgment Evidence:
In the result, the suit is decreed as follows. The defendant is directed to pay 2,66,132.52/- to the plaintiff along with interest @10.70% per annum from the date of the suit till the date of realization. The defendant is also directed to pay 1,12,280.42/- to the plaintiff along with interest @10.70% per annum from the date of the suit till the date of realization. Plaintiff shall also be entitled for costs of the litigation.
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 Sole proprietorship letter, Original Sanction letter, Original of Term Loan agreement, Original of Agreement of Hypothecation of Assets, Original of Balance and Security Confirmation in the Term loan Account bearing A/c no. 11417015003367, Original of Balance and Security Confirmation in the cash credit Account bearing A/c no. 11414025003374, True extract of Loan Account in Term Loan bearing A/c no. 11417015003367, True extract of loan Account cash credit bearing A/c no. 11414025003367, Statement of account bearing A/c no. 11417015003367 issued by Punjab National Bank for the period from 30.08.17 to 30.09.23, Statement of account bearing A/c no. 11414025003374 issued by Punjab National Bank for the period from 24.08.17 to 30.09.23
Defendants Documents
True copy of the reply of the Ombudsman, True copy of the representation sent to the State level Bankers Committee (SLBC), Certificate under Section 65B of the Indian Evidence Act
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saji P Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.C.Mathew
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mini G
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Seena A
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thankarajan P.K
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepesh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sali P Mathew
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sreeraj K.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Gayathri A.L
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ramkumar J
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay the outstanding amount with interest.
Evidence:
The defendant is directed to pay 2,66,132.52/- to the plaintiff along with interest @10.70% per annum from the date of the suit till the date of realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay the outstanding amount with interest.
Evidence:
The defendant is also directed to pay 1,12,280.42/- to the plaintiff along with interest @10.70% per annum from the date of the suit till the date of realisation.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled for costs of the litigation.
Evidence:
I find no result to deviate from the normal rule that costs shall follow the event.
Documents & Evidence
Document Type:
Sole Proprietorship Letter
Submitted By:
Plaintiff
Relevance:
Original document confirming the proprietary status of the defendant's business.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Original document detailing the sanctioned term loan to the defendant.
Reference:
Ext.A2
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Original agreement outlining the terms of the term loan provided to the defendant.
Reference:
Ext.A3
Document Type:
Agreement of Hypothecation of Assets
Submitted By:
Plaintiff
Relevance:
Original document outlining the hypothecation of assets for the cash credit facility.
Reference:
Ext.A4
Document Type:
Balance and Security Confirmation in the Term Loan Account
Submitted By:
Plaintiff
Relevance:
Original confirmation acknowledging the liability in the term loan account.
Reference:
Ext.A5
Document Type:
Balance and Security Confirmation in the Cash Credit Account
Submitted By:
Plaintiff
Relevance:
Original confirmation acknowledging the liability in the cash credit account.
Reference:
Ext.A6
Document Type:
True extract of Loan account in term Loan
Submitted By:
Plaintiff
Relevance:
Extract of the loan account details for the term loan.
Reference:
Ext.A7
Document Type:
True Extract of Loan Account in Cash Credit
Submitted By:
Plaintiff
Relevance:
Extract of the loan account details for the cash credit facility.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account for the term loan issued by the bank.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account for the cash credit loan issued by the bank.
Reference:
Ext.A10
Document Type:
Reply of the Ombudsman
Submitted By:
Defendant
Relevance:
True copy of the response regarding complaints raised by the defendant.
Reference:
Ext.B1
Document Type:
Representation to SLBC
Submitted By:
Defendant
Relevance:
True copy of the representation made regarding the banking issues.
Reference:
Ext.B2
Document Type:
Certificate under Section 65B of the Indian Evidence Act
Submitted By:
Defendant
Relevance:
Certified document used to establish the admissibility of electronic records.
Reference:
Ext.B3
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 Suit for money.
Case Code Year
Case between M/s Punjab National Bank vs Ann Jose regarding Suit for money.