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O.S No. 147/2020

Case between Punjab National Bank et al vs M/s. Kuttikatt Stores et al regarding realisation of money.

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-11-23
Duration

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiff, Punjab National Bank, claims that the defendants availed a loan and failed to repay it, resulting in a total outstanding amount. The defendants were represented in court but did not contest the claims, leading to an ex parte judgment.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, ordering the defendants to repay the loan amount along with interest. The judgment confirms the total dues owed to the bank.
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay an amount of 1,94,545/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided uncontested evidence that established the debt owed by the defendants.

Judgment Evidence:

In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, an amount of 1,94,545/- (Rupees one lakhs ninety four thousand five hundred and forty five only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or their assets.

Parties Involved

Plaintiffs

Punjab National Bank (Age not specified years) Ernakulam Branch, Putherickal Buildings Market Road, Ernakulam, Kerala – 682 031 Dinesh Shetty (55 years)

Defendants

M/s. Kuttikatt Stores (Age not specified years) XL/3637, Jew Street, Kochi -32 Babu Thomas (49 years) Kuttikkatt House, Grace Nagar, Near Thrikkakkara Temple, Thrikkakara P.O, Kochi – 682 021

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendants are directed to pay to the plaintiff an amount of 1,94,545/- with interest.
Evidence:
The defendants are directed to pay to the plaintiff, an amount of 1,94,545/- (Rupees one lakhs ninety four thousand five hundred and forty five only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or their assets.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.

Documents & Evidence

Document Type: Loan Application form Pradhan Mathri Mudra Yojana
Submitted By: Plaintiff
Relevance:
This document was used to establish the loan application made by the defendants.
Reference:
Ext.A1
Document Type: Declaration of Sole Proprietorship
Submitted By: Plaintiff
Relevance:
This document supports the claim of the defendants' business ownership.
Reference:
Ext.A2
Document Type: Sanction letter
Submitted By: Plaintiff
Relevance:
This document provides evidence of the loan sanction given to the defendants.
Reference:
Ext.A3
Document Type: Agreement of Term Loan
Submitted By: Plaintiff
Relevance:
This agreement outlines the terms under which the loan was provided to the defendants.
Reference:
Ext.A4
Document Type: Hypothication Agreement
Submitted By: Plaintiff
Relevance:
This document establishes the hypothecation of assets related to the loan.
Reference:
Ext.A5
Document Type: Letter of lien
Submitted By: Plaintiff
Relevance:
This document signifies the lien placed on the assets as security for the loan.
Reference:
Ext.A6
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
This note indicates the demand for repayment from the defendants.
Reference:
Ext.A7
Document Type: Office copy of the loan recall letter
Submitted By: Plaintiff
Relevance:
This document evidences the recall of the loan by the plaintiff.
Reference:
Ext.A8
Document Type: True copy of legal notice
Submitted By: Plaintiff
Relevance:
This notice indicates legal action taken against the defendants for non-repayment.
Reference:
Ext.A10
Document Type: Computer generated ledger report
Submitted By: Plaintiff
Relevance:
This report provides a summary of the financial transactions related to the loan.
Reference:
Ext.A12
Document Type: Computer generated print of Statement of account
Submitted By: Plaintiff
Relevance:
This statement outlines the account status and outstanding balance of the defendants.
Reference:
Ext.A13

Quick Facts

Location
Ernakulam, Kerala
Case Filed
Outcome Confidence
90%

Involved Entities

Bank

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