Case Summary
Union Bank of India filed a suit against B Studio Boutique for the recovery of a loan amount. The defendant failed to repay the loan, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹4,45,689.48 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, determining that the defendant owed ₹4,45,689.48. A decree was issued for the recovery of this amount along with interest.
Why Plaintiff Won:
The evidence from the plaintiff stood uncontested and supported the claim.
The evidence from the plaintiff stood uncontested and supported the claim.
Losing Side's Weaknesses:
The evidence from the plaintiff stood uncontested and supported the claim.
The evidence from the plaintiff stood uncontested and supported the claim.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of ₹4,45,689.48/- with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- B Studio Boutique Proprietor Ms. Bineetha K Bose
- Party Age
- 39
- Relation
- D/o
Plaintiffs Documents
Loan Application Form, Demand Promissory Note, Letter of Continuity, Term Loan Agreement, Interest Agreement, Office copy of Lawyer Notice, Returned Postal envelope, Computer print out of Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nithin Krishnan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover ₹4,45,689.48 with interest from the defendant.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of ₹4,45,689.48/- with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Relevant to establish the loan taken by the defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Establishes the defendant's obligation to repay the loan.
Reference:
Ext.A2
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Shows the continuation of the loan agreement.
Reference:
Ext.A3
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Defines the terms of the loan provided to the defendant.
Reference:
Ext.A4
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Details the interest terms applicable to the loan.
Reference:
Ext.A5
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Indicates that a legal notice was sent to the defendant for repayment.
Reference:
Ext.A6
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Evidence of attempted communication with the defendant.
Reference:
Ext.A7
Document Type:
Computer print out of Statement of Account for the period from 28.01.2024 to 04.06.2024
Submitted By:
Plaintiff
Relevance:
Shows the financial transactions and outstanding amount owed by the defendant.
Reference:
Ext.A8
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 rent
Case Code
Case between Union Bank of India vs B Studio Boutique regarding realisation of money.
Case Code Year
Case between Union Bank of India vs B Studio Boutique regarding realisation of money.