Case Summary
The plaintiff, Union Bank of India, is a banking company seeking to recover a loan amount from the defendant, Abdul Karim. The defendant failed to repay the loan, which led to this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize ₹5,98,871/- and interest at the rate of 10.50% per annum from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing the recovery of the loan amount along with interest and costs.
Why Plaintiff Won:
The court found sufficient evidence produced by the plaintiff to establish the defendant's liability.
The court found sufficient evidence produced by the plaintiff to establish the defendant's liability.
Losing Side's Weaknesses:
The court found sufficient evidence produced by the plaintiff to establish the defendant's liability.
The court found sufficient evidence produced by the plaintiff to establish the defendant's liability.
Supporting Evidence
These documents are sufficient to show the liability of the defendants towards plaintiff. Defendants could not rebut the evidence produced by the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1The plaintiff is entitled to realize ₹5,98,871/- (Rupees Five Lakhs Ninety Eight Thousand Eight Hundred and Seventy One only) ...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- Abdul Karim
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Loan application dated 12/06/2020, Hypothecation agreement, Sanction letter, Demand promissory note, Interest agreement, Letter of continuity, Debit balance confirmation, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Clareness Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nrupan Vadakkan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize ₹5,98,871/- as on the date of suit.
Evidence:
Hence the court is of the view that the plaintiff is entitled for a decree for recovery of the claim amount.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to get interest on ₹5,98,871/- from the date of suit till date of decree.
Evidence:
Plaintiff is also entitled to get interest at the rate of 10.50% per annum on ₹5,98,871/- from the date of suit till date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document submitted by the plaintiff showing the loan application by the defendant.
Reference:
Ext.A1
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Agreement evidencing the hypothecation of assets against the loan.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Letter from the bank sanctioning the loan amount.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the defendant agreeing to repay the loan.
Reference:
Ext.A4
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Document detailing the interest obligations on the loan.
Reference:
Ext.A5
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Letter confirming the continuous nature of the loan agreement.
Reference:
Ext.A6
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
Document acknowledging the outstanding balance on the loan.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Certified statement showing the transaction history and outstanding amount.
Reference:
Ext.A8
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the outstanding payment.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt of postal communications sent by the plaintiff.
Reference:
Ext.A10
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card acknowledging receipt of notices sent by the plaintiff.
Reference:
Ext.A11
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Another promissory note executed by the defendant for additional loan.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Recovery of money
Case Code
O.S.
Case Code Year
2023