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O.S. No. 852 /2023

Case between Punjab National Bank vs Tony Francis et al regarding realization of money.

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi. K. Dinamany
Order Date
2024-06-15
Duration
approximately-6 years 7 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

This case involves Punjab National Bank, represented by its Chief Manager, as the plaintiff against Tony Francis and N.G. Francis regarding the recovery of an education loan. The defendants defaulted on the loan repayment, leading the plaintiff to file the suit for recovery.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendants are liable to pay a total of Rs.3,67,958/- along with interest to the plaintiff. The court affirmed that the defendants shall be personally liable to satisfy the decree debt.
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.3,67,958/- along with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established a case based on the unchallenged evidence presented.

Judgment Evidence:

In the result, suit is decreed as follows: 1) Defendants shall pay Rs.3,67,958/- along with interest @13.75 % per annum and penal interest @2% from 25.08.2023 till the date of decree.

Parties Involved

Plaintiffs

Punjab National Bank (Age not specified years) Branch Office, M.G. Road, Ravipuram, Kochi – 682 016

Defendants

Tony Francis (32 years) Pallichamparambu, C 48 322 A Vayanasala Lane, Elamakkara.P.O., Ernakulam, Kerala – 682 026 N.G Francis (57 years) Pallichamparambu, C 48 322 A Vayanasala Lane, Elamakkara.P.O., Ernakulam, Kerala – 682 026

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff sought recovery of the loan amount along with interest.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,67,958/- with interest from the defendants.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Education Loan Agreement
Submitted By: Plaintiff
Relevance:
Executed by 1st and 2nd defendants for availing the education loan.
Reference:
Ext.A2
Document Type: Agreement of Education Loan
Submitted By: Plaintiff
Relevance:
Annexure-1 agreement related to the education loan.
Reference:
Ext.A3
Document Type: Balance and Security Confirmation Letter
Submitted By: Plaintiff
Relevance:
Letter issued by the defendants confirming balance and security.
Reference:
Ext.A4
Document Type: Balance and Security Confirmation Letter
Submitted By: Plaintiff
Relevance:
Another letter regarding balance and security confirmation.
Reference:
Ext.A5
Document Type: Balance and Security Confirmation Letter
Submitted By: Plaintiff
Relevance:
Further letter regarding balance and security confirmation.
Reference:
Ext.A6
Document Type: Balance and Security Confirmation Letter
Submitted By: Plaintiff
Relevance:
Continuing documentation of balance and security confirmation.
Reference:
Ext.A7
Document Type: Loan recall notice
Submitted By: Plaintiff
Relevance:
Notice issued for loan recall due to default.
Reference:
Ext.A8
Document Type: Registered Letter
Submitted By: Plaintiff
Relevance:
Registered letter related to the case that was returned unserved.
Reference:
Ext.A9
Document Type: Certified Copy of the Statement of Accounts
Submitted By: Plaintiff
Relevance:
Statement of accounts provided with certification under the relevant sections.
Reference:
Ext.A10

Quick Facts

Location
Ernakulam
Case Filed
Sat, 10/29/2011 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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