Case Summary
The plaintiff, Union Bank of India, is seeking recovery of a loan amount from the defendant, Eldhose M E, who failed to repay the loan. The court found in favor of the plaintiff based on evidence presented.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs. 4,67,400/- to the plaintiff along with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged evidence of PW1 and documents marked as Ext. A1 to A7 proves the case of the plaintiff.
The unchallenged evidence of PW1 and documents marked as Ext. A1 to A7 proves the case of the plaintiff.
Judgment Evidence:
In the result, suit decreed with costs as follows:- The defendant is hereby directed to pay an amount of Rs. Rs. 4,67,400/- to the plaintiff and together with interest on the principal amount of Rs. 4,00,000/- at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
Union Bank of India, Perumbavoor Branch (Age not specified years)
Defendants
Eldhose M E (38 years)
Athira Textiles and Footwear's, Ambalathinal Madathil House, Kodanad P O, Koovappady, Pin: 683 544
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay an amount of Rs. 4,67,400/- to the plaintiff.
Evidence:
The defendant is hereby directed to pay an amount of Rs. Rs. 4,67,400/- to the plaintiff and together with interest on the principal amount of Rs. 4,00,000/- at the rate of 9% per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The document evidences the loan agreement for Rs. 4,00,000/- executed by the defendant.
Reference:
Ext.A1
Document Type:
Hypothecation Agreement (Goods)
Submitted By:
Plaintiff
Relevance:
This agreement pertains to the hypothecation of goods for the loan taken by the defendant.
Reference:
Ext.A2
Document Type:
General term loan agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan provided to the defendant.
Reference:
Ext.A3
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
This letter pertains to the continuity of the loan agreement.
Reference:
Ext.A4
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
This document details the agreement regarding interest payments on the loan.
Reference:
Ext.A5
Document Type:
Letter of Undertaking from the Borrowers
Submitted By:
Plaintiff
Relevance:
This letter serves as an undertaking from the defendant regarding the loan.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement provides the account details for the loan from the period of 07/02/18 to 19/12/19.
Reference:
Ext.A7