Case Summary
Plaintiff, Union Bank of India, filed suit against defendant, Soshamma Thankachan, for defaulting on MSME Term Loan. Plaintiff sought recovery of outstanding amount with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Realization of Money
Final Judgment
No
Plaintiff's claim of Rs.6,04,164 granted with 12% interest from suit date till decree, then 6% till realization. Plaintiff also awarded costs of the suit.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
The suit is decreed. The defendant do pay ₹ 6,04,164 (Rupees Six Lakhs Four Thousand One Hundred and Sixty Four only) to the plaintiff with interest @ 12% per annum from the date of suit till the date of decree and thereafter the defendant do pay interest @ 6% per annum until the date of realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India, Kolenchery Branch, St.Peter's College Trust Building
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Soshamma Thankachan
- Party Age
- 73
- Relation
- W/o
Plaintiffs Documents
Certified copy of the Account Statement of the defendant 06.02.2024, Office copy of lawyer notice 01.11.2023, Postal registration receipt 01.11.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Babu T Cherian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Money and Loan Recovery
Outcome:
Granted
Description:
Defendant ordered to pay ₹ 6,04,164 with interest
Evidence:
The defendant do pay ₹ 6,04,164 (Rupees Six Lakhs Four Thousand One Hundred and Sixty Four only) to the plaintiff with interest @ 12% per annum from the date of suit till the date of decree and thereafter the defendant do pay interest @ 6% per annum until the date of realization to the plaintiff.
Relief Type:
Costs of the suit
Outcome:
Granted
Description:
Plaintiff entitled to get costs of the suit
Evidence:
The plaintiff is also entitled to get costs of the suit.
Documents & Evidence
Document Type:
Certified copy of the Account Statement of the defendant
Submitted By:
Plaintiff
Relevance:
Used to show outstanding dues and default in repayment
Reference:
Ext.A1
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Evidence of communication regarding repayment
Reference:
Ext.A2
Document Type:
Postal registration receipt
Submitted By:
Plaintiff
Relevance:
Proof of legal notification sent to defendant
Reference:
Ext.A3
Case Classification
Case Type
Realization of Money
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Money and Loan Recovery
Case Code
Case between Union Bank of India, Kolenchery Branch, St.Peter's College Trust Building, et al vs Soshamma Thankachan regarding realization of money
Case Code Year
Case between Union Bank of India, Kolenchery Branch, St.Peter's College Trust Building, et al vs Soshamma Thankachan regarding realization of money