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O.S. No. 273/2019

Case between M/s. Synidicate Bank vs Ansil A regarding realisation of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Rohit Nandakumar
Order Date
2024-07-02
Duration
approximately-4 years 6 months
Case Closed
Tue, 07/02/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, M/s. Synidicate Bank and M/s. Canara Bank, are seeking recovery of a loan amount from the defendant, Ansil A, who defaulted on his repayments. The case involves evidence of the defendant's failure to repay the loan taken in 2015, leading to this legal action.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiffs, decreeing that the defendant must repay the owed amount along with interest. The court also allowed the plaintiffs to recover costs from the defendant.
Judgment Favored
Plaintiff
Relief Granted
An amount of 1,07,684/- with interest at the rate of 6% per annum
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, decreeing that the defendant must repay the owed amount along with interest. The court also allowed the plaintiffs to recover costs from the defendant.
Why Plaintiff Won:
The plaintiffs provided sufficient evidence proving the defendant's liability to pay the loan amount.
Losing Side's Weaknesses:
The plaintiffs provided sufficient evidence proving the defendant's liability to pay the loan amount.
Supporting Evidence
There is no reason to disbelieve the evidence tendered by PW1. The case of the plaintiff stands proved by the evidence on record.

Judgment Evidence:

In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 1,07,684/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant and his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. Synidicate Bank
Relation
represented by its Manager and Principal Officer, Noorjahan K.M
Party Role
Plaintiff
Party Name
M/s. Canara Bank
Relation
represented by its Manager, Roy Abraham
Party Role
Defendant
Party Name
Ansil A
Party Age
26
Relation
S/o. Haris Abdul Salam
Plaintiffs Documents
Application for advances under Personal Banking Schemes, Receipt, Composite hypothecation Agreement, Computer print out of Statement of Accounts, Copy of lawyer notice
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
B. Jayaprakash
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Renju John
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Suja R Nair
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Thresia Anu P. J
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to recover the amount due from the defendant.
Evidence:
the plaintiff is entitled to the decree in its favour.
Relief Type: Interest
Outcome: Granted
Description:
Interest at the rate of 6% per annum is to be paid on the principal amount from the date of institution of the suit until realization.
Evidence:
an amount of 1,07,684/- (Rupees one lakhs seven thousand six hundred and eighty four only) with interest at the rate of 6% per annum from the date of institution of the suit.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendant.

Documents & Evidence

Document Type: Application for advances under Personal Banking Schemes
Submitted By: Plaintiff
Relevance:
This document pertains to the application made by the defendant for availing the loan.
Reference:
Ext.A1
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
The receipt evidences the loan amount provided to the defendant.
Reference:
Ext.A2
Document Type: Composite Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
This agreement outlines the terms of the loan and the borrower's obligations.
Reference:
Ext.A3
Document Type: Computer print out of statement of accounts
Submitted By: Plaintiff
Relevance:
This document provides a record of the loan repayments made by the defendant.
Reference:
Ext.A4
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
This document shows the legal demand made to the defendant for repayment of the due amount.
Reference:
Ext.A6
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
This is another notice sent to the defendant for the same purpose as Ext.A6.
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. Synidicate Bank vs Ansil A regarding realisation of money
Case Code Year
Case between M/s. Synidicate Bank vs Ansil A regarding realisation of money

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
Tue, 07/02/2024 - 12:00
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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