Case Summary
The case involves Union Bank of India and C.K Sujatha regarding the repayment of a loan. The defendant failed to repay the loan, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff an amount of 98,122.59/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the plaintiff's case to be proved based on uncontested evidence.
The court found the plaintiff's case to be proved based on uncontested evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 98,122.59/- (Rupees ninety eight thousand one hundred and twenty two and fifty nine paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Parties Involved
Plaintiffs
Vinu Paul (34 years)
Poonithura Branch, Door No. 29, 2826 A, Aditya Gandhi Square, Poonithura P.O, Ernakulam, Pin- 682 038
Defendants
C.K Sujatha (58 years)
Chelookaran, Poomangalam, Edakulam P.O, Thrissur, Pin – 680 688
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover ₹98,122.59 from the defendant with interest.
Evidence:
I am of the opinion that the plaintiff is entitled to recover the same from the defendant, with interest from the date of suit.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Submitted as part of the evidence for proving the case of loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Document establishing the terms of the loan agreement with the defendant.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Evidence of the defendant's promise to repay the loan amount.
Reference:
Ext.A3
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Document related to the continuation of the loan arrangement.
Reference:
Ext.A4
Document Type:
Letter of General Lien
Submitted By:
Plaintiff
Relevance:
Establishes the right of the bank over the assets of the defendant in relation to the loan.
Reference:
Ext.A5
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Details the agreed-upon interest for the loan.
Reference:
Ext.A6
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Submitted as evidence for the loan application made by the defendant.
Reference:
Ext.A8
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document evidencing the sanction of the loan to the defendant.
Reference:
Ext.A9
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Another formal agreement regarding the loan terms between plaintiff and defendant.
Reference:
Ext.A10
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Document indicating the defendant's undertaking regarding the loan.
Reference:
Ext.A11
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Another formal record of the defendant’s promise to repay.
Reference:
Ext.A12
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Reiterates the continuity of the loan agreement.
Reference:
Ext.A13
Document Type:
Letter of General Lien
Submitted By:
Plaintiff
Relevance:
Reaffirms the rights of the bank over the assets of the defendant.
Reference:
Ext.A14
Document Type:
Letter of undertaking from the borrower
Submitted By:
Plaintiff
Relevance:
Further assurance from the defendant related to the loan.
Reference:
Ext.A15
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Legal notification to the defendant regarding the loan.
Reference:
Ext.A16
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Evidence of unsuccessful delivery of legal notice to the defendant.
Reference:
Ext.A16(a)
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Another instance of unsuccessful delivery related to legal matters.
Reference:
Ext.A16(b)
Document Type:
Computer print out of Statement of Account
Submitted By:
Plaintiff
Relevance:
Details outstanding payments between plaintiff and defendant.
Reference:
Ext.A17
Document Type:
Computer print out of Statement of Account
Submitted By:
Plaintiff
Relevance:
Continued evidence of account status for plaintiff’s claims.
Reference:
Ext.A18