Case Summary
This case involves Punjab National Bank suing M/s Cafe Diaries and Abdul Rehiman C A for the recovery of defaulted loans. The defendants failed to repay the amounts owed despite multiple agreements and acknowledgments of liability.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall pay Rs.99,433/- along with interest at 9.25%, Rs.2,71,761/- with interest at 10.65%, and Rs.4,50,306/- with interest at 10.70%.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case of default on multiple loans backed by proper documentation.
The plaintiff established a case of default on multiple loans backed by proper documentation.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.99,433/- (Rupees ninety nine thousand four hundred and thirty three only) along with interest @9.25% per annum Rs.2,71,761/- (Rupees Two lakhs seventy one thousand seven hundred and sixty one only) with interest @ 10.65% and Rs.4,50,306/- (Rupees Four lakhs fifty thousand three hundred and six only) with interest @10.70%.
Parties Involved
Plaintiffs
Punjab National Bank (Age not specified years)
Kalamassery Branch, Palackal Building, Kalamassery, Pin 683 104
Defendants
M/s Cafe Diaries (Age not specified years)
No. 68 C/ 31st Floor, Cochin Childrens Science Park, HMT Colony P O, Kalamassery, Ernakulam – 683 503
Abdul Rehiman C A (58 years)
Karivelil House, Mattakkadu, HMT Colony, Kalamassery, Ernakulam – 683 503
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover amounts due from the defendants.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.99,433/- with interest 9.25%, Rs. 2,71,761/- with interest @ 10.65% and Rs.4,50,306/- with interest @10.70% from defendants.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document related to the loan application made by the 2nd defendant for the term loan.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Document that sanctioned the term loan to the 2nd defendant.
Reference:
Ext.A2
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed for the term loan taken by the defendants.
Reference:
Ext.A3
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Letter acknowledging the outstanding liability of the defendants regarding the term loan.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Duly certified statement of account as per Banker's Book Evidence Act for the Cash Credit account.
Reference:
Ext.A5
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document related to the loan application for the Cash Credit Facility.
Reference:
Ext.A6
Document Type:
Agreement for Loan/Cash Credit/Over Draft
Submitted By:
Plaintiff
Relevance:
Agreement related to the Cash Credit Facility.
Reference:
Ext.A7
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Letter acknowledging the outstanding liability of defendants regarding the Cash Credit Facility.
Reference:
Ext.A8
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Duly certified statement of account as per Banker's Book Evidence Act for the WCTL account.
Reference:
Ext.A9
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document related to the loan application for the Guaranteed Emergency Credit Line.
Reference:
Ext.A10
Document Type:
Undertaking
Submitted By:
Plaintiff
Relevance:
Document where the 2nd defendant admitted the previously sanctioned loans.
Reference:
Ext.A11
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter for the Guaranteed Emergency Credit Line.
Reference:
Ext.A12
Document Type:
Agreement for working Capital Term Loan
Submitted By:
Plaintiff
Relevance:
Agreement executed for Working Capital Term Loan.
Reference:
Ext.A13
Document Type:
Master Agreement
Submitted By:
Plaintiff
Relevance:
Master agreement related to the loans.
Reference:
Ext.A14
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Letter acknowledging outstanding dues related to the WCTL account.
Reference:
Ext.A15
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Duly certified statement of account for the Term Loan account.
Reference:
Ext.A16
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
Recall notice issued by the plaintiff Bank regarding outstanding liability.
Reference:
Ext.A17
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Document confirming receipt of the recall notice by the defendants.
Reference:
Ext.A18