Case Summary
The case involves a loan recovery suit where the plaintiff, Union Bank of India, claims that the defendants failed to repay a loan of Rs. 2,00,000. The defendants deny the reset loan agreement and claim the suit is barred by limitation.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, stating that the plaintiff's claim was barred by limitation. The plaintiff was not entitled to recover the claimed dues.
Key Reasoning:
The court found that the suit was filed beyond the limitation period.
The court found that the suit was filed beyond the limitation period.
Why Defendant Won:
The court found that the suit was filed beyond the limitation period.
The court found that the suit was filed beyond the limitation period.
Supporting Evidence
The plaintiff has failed to show that the suit was filed within the period of limitation prescribed under the Limitation Act, 1908.
Judgment Evidence:
In the result, the suit is dismissed. Parties are directed to bear their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India Kottakkakom branch (erstwhile Corporation bank)
- Party Role
- Defendant
- Party Name
- M/s Janani Foods
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anil Kumar M
- Relation
- Proprietor
- Party Role
- Defendant
- Party Name
- Ambily
- Relation
- W/o Anil Kumar M
Plaintiffs Documents
Original loan Agreement (Common deed of Hypothecation of movables/Assests/Debts), Original of Amendment Agreement to rephrase repayment schedule, Guarantee Agreement, Original of the voucher, Copy of the lawyer notice issued to the defendant, A/d card of the notice issued to the 1st defendant, A/d card of the notice issued to the 2nd defendant, A/d card of the notice issued to the 3rd defendant, Statement of Account bearing A/c no. 560716000005329
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sajitha S Dharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ramakrishnan M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff requested the recovery of the outstanding loan amount.
Evidence:
Therefore, in the said circumstances, there is nothing to disbelieve the version of the plaintiffs regarding the balance amount payable by the defendants. In fact, the counsel for the defendants themselves during cross examination of PW1 has made a suggestion that only 6 EMIs were paid by the defendants after the date of the loan.
Documents & Evidence
Document Type:
Original loan Agreement (Common deed of Hypothecation of movables/Assests/Debts)
Submitted By:
Plaintiff
Relevance:
This document is the original loan agreement under which the loan was availed.
Reference:
Ext.A1
Document Type:
Original of Amendment Agreement to rephrase repayment schedule
Submitted By:
Plaintiff
Relevance:
This document details the restructured repayment schedule agreed upon by the defendants.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document signifies the guarantee provided by the third defendant for the loan.
Reference:
Ext.A3
Document Type:
Original of the voucher
Submitted By:
Plaintiff
Relevance:
This document evidences the payment made to the loan account.
Reference:
Ext.A4
Document Type:
Copy of the lawyer notice issued to the defendant
Submitted By:
Plaintiff
Relevance:
This notice was sent demanding payment of the outstanding loan amount.
Reference:
Ext.A5
Document Type:
Statement of Account bearing A/c no. 560716000005329 issued by the plaintiff bank from 30.011.18 to 29.03.21
Submitted By:
Plaintiff
Relevance:
This document provides an account statement detailing the loan's status and outstanding balance.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of Loan
Case Code
Case between Union Bank of India et al vs M/s Janani Foods et al regarding loan recovery
Case Code Year
Case between Union Bank of India et al vs M/s Janani Foods et al regarding loan recovery