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O.S. No. 993/2021

Case between Punjab National Bank vs Raghav Mohan et al regarding realization of money

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Needi. K. Dinamany
Order Date
2024-11-06
Duration
approximately-4 years 10 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Punjab National Bank is suing Raghav Mohan and his co-borrowers for repayment of an education loan. The defendants defaulted on their loan repayment, leading the plaintiff to seek recovery through this suit.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount with interest. The defendants are also held personally liable for the debt.
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.4,15,281.23/- along with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount with interest. The defendants are also held personally liable for the debt.
Why Plaintiff Won:
Plaintiff established a case based on unchallenged documents showing the defendants' acknowledgment of liabilities.
Losing Side's Weaknesses:
Plaintiff established a case based on unchallenged documents showing the defendants' acknowledgment of liabilities.
Supporting Evidence
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,15,281.23/- with interest from defendants.

Judgment Evidence:

In the result, suit is decreed as follows: Defendants shall pay Rs.4,15,281.23/- (Rupees Fourlakhs fifteen thousand two hundred and eighty one and twenty three paise only)...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Punjab National Bank
Party Role
Defendant
Party Name
Raghav Mohan
Party Age
26
Relation
S/o
Party Role
Defendant
Party Name
Bharath Mohan
Party Age
33
Relation
S/o
Party Role
Defendant
Party Name
Mohan Kumar R
Party Age
68
Relation
S/o
Plaintiffs Documents
Original Education loan Agreement, Balance and Security Confirmation letter, Balance and Security Confirmation letter, Statement showing calculation of the unapplied interest and penal interest, Extract of the loan account, Office copy of the recall notice, Office copy of the lawyer notice
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sreejith S Nair
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Bincy Jose
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Jisha Jaslin
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendants shall pay Rs.4,15,281.23/- along with interest.
Evidence:
Defendants shall pay Rs.4,15,281.23/- (Rupees Fourlakhs fifteen thousand two hundred and eighty one and twenty three paise only) along with interest @9.05% per annum from the date of suit till the date of decree and @ 6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Relief Type: Other
Outcome: Granted
Description:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.

Documents & Evidence

Document Type: Education Loan Agreement
Submitted By: Plaintiff
Relevance:
Shows that on 22.01.2013 defendants executed educational loan agreement in favour of plaintiff.
Reference:
Ext.A1
Document Type: Balance and Security Confirmation Letter
Submitted By: Plaintiff
Relevance:
Demonstrates that the defendants acknowledged the liabilities.
Reference:
Ext.A2
Document Type: Balance and Security Confirmation Letter
Submitted By: Plaintiff
Relevance:
Demonstrates that the defendants acknowledged the liabilities.
Reference:
Ext.A3
Document Type: Statement showing calculation of the unapplied interest and penal interest pertaining to the loan account
Submitted By: Plaintiff
Relevance:
Gives details of interest related to the loan account.
Reference:
Ext.A4
Document Type: Certificate under section 2A(b) and 2A(c) of the Bankers Books Evidence Act
Submitted By: Plaintiff
Relevance:
Supports Ext.A4.
Reference:
Ext.A4(a)
Document Type: Extract of the loan account
Submitted By: Plaintiff
Relevance:
Details of loan account No. 530700JB00002700 of the 1st defendant maintained by the plaintiff.
Reference:
Ext.A5
Document Type: Recall Notice
Submitted By: Plaintiff
Relevance:
Office copy of the recall notice issued by the plaintiff to the defendants.
Reference:
Ext.A6
Document Type: Certificate under section 2A(b) and 2A(c) of the Bankers Books Evidence Act
Submitted By: Plaintiff
Relevance:
Supports Ext.A6.
Reference:
Ext.A6(a)
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Copy of the lawyer notice issued to the defendants.
Reference:
Ext.A7

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Punjab National Bank vs Raghav Mohan et al regarding realization of money
Case Code Year
Case between Punjab National Bank vs Raghav Mohan et al regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 11/06/2021 - 12:00
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Government

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