Case Summary
The plaintiff, Union Bank of India, has filed a suit against the defendant, Mr. Jimeesh Joy, for the recovery of money related to a loan. The defendant failed to repay the loan amount properly which forms the basis of the claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff, an amount of 4,04,283.68/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence presented by the plaintiff was uncontested and clearly proved the plaintiff's claim.
The evidence presented by the plaintiff was uncontested and clearly proved the plaintiff's claim.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 4,04,283.68/- (Rupees four lakhs four thousand two hundred and eighty three and sixty eight 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
Union Bank of India (Age not specified years)
Kuriekkal Towers, Ground Floor, Pookattupady Road, Edappally Toll, Kochi 682 024, Ernakulum District
Defendants
Mr. Jimeesh Joy (39 years)
C/o. Sinju Varghese, Naissery house, Chunangamvely, Erumathala P.O., now residing at Kizhakkumthala, Alangad, Kottapuram, Near Anganvadi, Pin-683 511
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay an amount of 4,04,283.68/- with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 4,04,283.68/- (Rupees four lakhs four thousand two hundred and eighty three and sixty eight 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.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to the 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:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim regarding the loan sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the defendant's commitment to repay the loan.
Reference:
Ext.A2
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
This document outlines the continuity of the loan agreement.
Reference:
Ext.A3
Document Type:
General Lien and Set off
Submitted By:
Plaintiff
Relevance:
This document states the general lien and set off rights of the bank.
Reference:
Ext.A4
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document secures the loan against the assets of the defendant.
Reference:
Ext.A5
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
This document specifies the interest rate applicable on the loan.
Reference:
Ext.A6
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document serves as a notification to the defendant regarding default on the loan.
Reference:
Ext.A7
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
This document indicates the failure of delivery of important correspondence to the defendant.
Reference:
Ext.A8
Document Type:
Computer print out of Statement of Account for the period from 06.11.2021 to 28.11.2024
Submitted By:
Plaintiff
Relevance:
This document provides detailed transaction history relevant to the loan.
Reference:
Ext.A9
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document demonstrates the defendant's acknowledgment of the loan agreement.
Reference:
Ext.A10