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
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay a total amount of ₹404283.68 along with interest. The court emphasized the uncontested evidence supporting the plaintiff's claim.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Jimeesh Joy
- Party Age
- 39
Plaintiffs Documents
Letter of Sanction, Demand Promissory Note, Letter of Continuity, General Lien and Set off, Hypothecation Agreement, Interest Agreement, Office copy of Legal Notice, Returned Postal Envelope, Computer print out of Statement of Account for the period from 06.11.2021 to 28.11.2024, Letter of Undertaking
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.K Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. M Biju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N.D Deepa
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India et al vs Mr. Jimeesh Joy regarding realisation of money
Case Code Year
Case between Union Bank of India et al vs Mr. Jimeesh Joy regarding realisation of money