Case Summary
The plaintiff, Union Bank of India, is seeking to recover outstanding dues from the defendant, Muhiyadeen, related to a loan from the former Andhra Bank. The case involves allegations of default on loan repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.46,778.14/- together with interest at the rate of 6% per annum from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the dues from the defendant. The plaintiff proved their case with sufficient evidence.
Why Plaintiff Won:
The suit was filed within the limitation period, and the plaintiff managed to prove their case with sufficient evidence.
The suit was filed within the limitation period, and the plaintiff managed to prove their case with sufficient evidence.
Losing Side's Weaknesses:
The suit was filed within the limitation period, and the plaintiff managed to prove their case with sufficient evidence.
The suit was filed within the limitation period, and the plaintiff managed to prove their case with sufficient evidence.
Supporting Evidence
By producing Exts. A1 to A8 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, The plaintiff is entitled to realise an amount of Rs.46,778.14/- together with interest at the rate of 6 % per annum from the date of the suit till the realization from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India, Kollam Branch No. II
- Party Role
- Defendant
- Party Name
- Muhiyadeen
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Pradhan Mantri Mudra Yojana loan Application Form dated 07/08/2017, Sanction letter dated 08/08/2017, Composite agreement dated 08/08/2017, Office copy of lawyer’s notice dated 02/06/2022, Postal receipt dated 02/06/2022, Returned postal envelop, Statement of account for the period from 08/08/2017 to 30/04/2021, Statement of account for the period from 01/03/2020 to 27/09/2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Raghu Varma K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the amount due from the defendant.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Pradhan Mantri Mudra Yojana Loan Application
Submitted By:
Plaintiff
Relevance:
Evidence of the loan application made by the defendant.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Confirmation of the loan sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Composite Agreement
Submitted By:
Plaintiff
Relevance:
Details of the loan agreement between the plaintiff and the defendant.
Reference:
Ext.A3
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Notice served to the defendant regarding repayment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of the notice sent to the defendant.
Reference:
Ext.A5
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Confirming that the notice was not received by the defendant.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details of the loan account and payment history for the specified period.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details of the loan account and payment history for the specified period.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India, Kollam Branch No. II vs Muhiyadeen regarding realization of money
Case Code Year
Case between Union Bank of India, Kollam Branch No. II vs Muhiyadeen regarding realization of money