Case Summary
The plaintiff, Union Bank of India, filed a suit against the defendants, Abdul Majeed and Sainabha, for the realization of a loan amount due. The defendants defaulted on the repayment of loans taken from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay the amount of Rs. 9,02,798/- 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 along with interest. The total amount due is Rs. 9,02,798/- with applicable interest.
Why Plaintiff Won:
The plaintiff established their case through unchallenged evidence.
The plaintiff established their case through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff established their case through unchallenged evidence.
The plaintiff established their case through unchallenged evidence.
Supporting Evidence
The unchallenged evidence of PW1 along with the documents marked as Ext.A1 to A21... proves the case of the plaintiff that the defendants are liable to pay the amount due.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants are hereby directed to pay the amount of Rs. 9,02,798/- along with 10.05% per annum as interest from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Abdul Majeed
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sainabha
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Loan application dated 15.01.2015, Sanction advice dated 22.06.2017, Demand promissory note for Rs. 3,00,000/- dated 22.06.2017, Demand promissory note for Rs. 5,00,000/- dated 22.06.2017, General term loan agreement dated 22.06.2017, Letter of continuity dated 22.06.2017, Term loan agreement dated 22.06.2017, Interest agreement dated 22.06.2017, Hypothecation agreement of goods and debts dated 22.06.2017, Legal notice dated 22.11.2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.V. Mathews
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R. Sajeev
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the outstanding loan amount from the defendants.
Evidence:
In the result, the suit is decreed with costs as follows: The defendants are hereby directed to pay the amount of Rs. 9,02,798/- along with 10.05% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Filed as part of the evidence to show the initial application for a loan.
Reference:
Ext.A1
Document Type:
Sanction advice
Submitted By:
Plaintiff
Relevance:
Demonstrates the approval of the loan by the bank.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Serves as a formal acknowledgment of the loan for Rs. 3,00,000/-.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Serves as a formal acknowledgment of the loan for Rs. 5,00,000/-.
Reference:
Ext.A4
Document Type:
General term loan agreement
Submitted By:
Plaintiff
Relevance:
Details the terms of the general loan agreed upon by the defendants.
Reference:
Ext.A5
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Acknowledges the continuity of the loan agreement for Rs. 3,00,000/-.
Reference:
Ext.A6
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Acknowledges the continuity of the loan agreement for Rs. 5,00,000/-.
Reference:
Ext.A7
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Formal agreement outlining the terms of the term loan for Rs. 3,00,000/-.
Reference:
Ext.A8
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Details the interest terms of the loans sanctioned.
Reference:
Ext.A9
Document Type:
AD - 02A
Submitted By:
Plaintiff
Relevance:
Part of the loan documentation.
Reference:
Ext.A10
Document Type:
Hypothecation agreement of goods and debts
Submitted By:
Plaintiff
Relevance:
Secures the loan against the defendants' goods and debts.
Reference:
Ext.A11
Document Type:
Letter undertaking from borrowers
Submitted By:
Plaintiff
Relevance:
Agreement indicating the borrowers' commitment to repay the loans.
Reference:
Ext.A12
Document Type:
Letter of undertaking from borrowers
Submitted By:
Plaintiff
Relevance:
Additional agreement reinforcing commitment from borrowers.
Reference:
Ext.A13
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Guarantee provided by the second defendant for the loan.
Reference:
Ext.A14
Document Type:
Letter of Undertaking from Guarantor
Submitted By:
Plaintiff
Relevance:
Commitment from the guarantor to ensure loan repayment.
Reference:
Ext.A15
Document Type:
Letter of Undertaking from Guarantor
Submitted By:
Plaintiff
Relevance:
Additional commitment from the guarantor for the loan amount.
Reference:
Ext.A16
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Proof of the legal notice sent demanding repayment.
Reference:
Ext.A17
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts supporting the sending of the legal notice.
Reference:
Ext.A18
Document Type:
True extract statement of accounts
Submitted By:
Plaintiff
Relevance:
Shows the financial status of the defendants' loan account.
Reference:
Ext.A19
Document Type:
True extract statement of accounts
Submitted By:
Plaintiff
Relevance:
Further detail into the defendants' financial obligations.
Reference:
Ext.A20
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document supporting the ownership and assets of the defendants.
Reference:
Ext.A21
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Non-payment of rent
Case Code
Case between Union Bank of India et al vs Abdul Majeed et al regarding realization of money
Case Code Year
Case between Union Bank of India et al vs Abdul Majeed et al regarding realization of money