Commercial Suit. No. 45/2024

Case between M/s. Union Bank of India vs Abdul Hayy regarding recovery of loan amount

Court

Commercial Court of Kozhikode

Judge

Smt. Leena Rasheed

Order Date

2025-08-26

Duration

approximately-2 years 6 months

Case Closed

Tue, 08/26/2025 - 12:00

Judgement document from eCourt website

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Case Summary

M/s. Union Bank of India filed a suit against Abdul Hayy for the recovery of an outstanding loan amount of Rs. 11,50,060. The defendant failed to repay the loan as agreed despite several demands from the plaintiff.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed the suit in favor of the plaintiff, directing the defendant to pay Rs. 11,50,060 to the plaintiff along with interest and costs.

Judgment Favored

Plaintiff

Relief Granted

The defendant is directed to pay an amount of 11,50,060/- along with interest and costs.

Case Type

Commercial Suit

Final Judgment

The court decreed the suit in favor of the plaintiff, directing the defendant to pay Rs. 11,50,060 to the plaintiff along with interest and costs.

Why Plaintiff Won:
The plaintiff successfully proved that the defendant availed the loan and defaulted in repayment.

Losing Side's Weaknesses:
The plaintiff successfully proved that the defendant availed the loan and defaulted in repayment.

Supporting Evidence

Having gone through the documents marked and proof affidavit filed by the plaintiff, I am satisfied that the plaintiff has successfully proved that the defendant had availed loan from the plaintiff bank as stated in the plaint and since he defaulted in repayment as claimed in the plaint, the present suit has been filed and defendant is liable to pay the amount claimed in the plaint.

Judgment Evidence:

In the result, the suit is decreed as follows: The defendant is hereby directed to pay an amount of 11,50,060/- (Rupees eleven lakh fifty thousand and sixty only) to the plaintiff.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: M/s. Union Bank of India
Relation: Represented by

Party Role: Defendant
Party Name: Abdul Hayy
Party Age: 27
Relation: S/o

Plaintiffs Documents

Demand Promissory note, Undertaking letter, Letter of Continuity, Agreement, Surrender Notice, Notice to defendant after seizure, Sale Notice, Non starter report, Certified copy of Accounts

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: K.S Rajagopalan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: P.R Rajesh
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

Defendant directed to pay an amount of 11,50,060/- to the plaintiff

Evidence:

The defendant is hereby directed to pay an amount of 11,50,060/- (Rupees eleven lakh fifty thousand and sixty only) to the plaintiff.

Relief Type: Interest

Outcome: Granted

Description:

Plaintiff entitled to interest at the rate of 9% per annum from the date of the suit till realization

Evidence:

The plaintiff will be entitled for interest at the rate of 9% per annum from the date of the suit (13-09-2024) till the date of decree.

Relief Type: Costs

Outcome: Granted

Description:

Plaintiff will be entitled for costs of the suit.

Evidence:

The plaintiff will be entitled for costs of the suit.