Case Summary
The plaintiff, a banking company, is seeking to recover money from the defendants who took a loan under the Mudra loan scheme. The defendants defaulted on repayment despite acknowledging their liability.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Allowed to realize the plaint claim of ₹.3,68,632/- and also to realize 9% interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the claimed amount with interest.
Why Plaintiff Won:
The plaintiff bank provided unrebutted evidence establishing their entitlement to the relief.
The plaintiff bank provided unrebutted evidence establishing their entitlement to the relief.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the unrebutted evidence adduced by plaintiff Bank, I hold that the plaintiff’s bank is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹.3,68,632/- and also to realize 9% interest from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- Bincy Jose
- Party Age
- 33
- Relation
- W/o Abin Jose
- Party Role
- Defendant
- Party Name
- O.J.Jose
- Party Age
- 64
Plaintiffs Documents
Demand Promissory note, Letter of Continuity, Term loan agreement, Letter of guarantee, Interest agreement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Bobby George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjana Lakshmi T.A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff bank's entitlement to recover the amount due
Evidence:
I hold that the plaintiff’s bank is entitled to the relief as prayed for.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the due amount from the date of the suit till realization
Evidence:
also to realize 9% interest from the defendants and their assets from the date of the suit ie, 28.02.2023 till realization.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original document evidencing the loan amount granted
Reference:
Ext.A1
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Document outlining the terms of continuity relating to the loan
Reference:
Ext.A2
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the terms of the loan granted
Reference:
Ext.A3
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Guarantee provided by the second defendant for the loan
Reference:
Ext.A4
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Agreement specifying the interest terms on the loan
Reference:
Ext.A5
Document Type:
Composite debit balance confirmation
Submitted By:
Plaintiff
Relevance:
Statement confirming the outstanding balance and liability
Reference:
Ext.A6
Document Type:
Certified statement of account
Submitted By:
Plaintiff
Relevance:
Document showing the account details and outstanding amount
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India et al vs Bincy Jose et al regarding realisation of money.
Case Code Year
Case between Union Bank of India et al vs Bincy Jose et al regarding realisation of money.