Case Summary
The plaintiff, Union Bank of India, is pursuing the defendants for the recovery of a loan amount. The defendants have defaulted on the repayment schedule for a loan facilitated under the Mudra loan scheme.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s bank is allowed to realize the plaint claim of ₹.6,08,947/- and also to realize 9% interest from the defendants from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence confirming the loan agreement and the amount due.
The plaintiff provided unrebutted evidence confirming the loan agreement and the amount due.
Losing Side's Weaknesses:
The plaintiff provided unrebutted evidence confirming the loan agreement and the amount due.
The plaintiff provided unrebutted evidence confirming the loan agreement and the amount due.
Supporting Evidence
PW1 gave evidence in tune with the pleadings in the plaint. He was also relying on documents to establish the case.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realize the plaint claim of ₹.6,08,947/- and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 23.12.2022 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Arun C.N
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Boby Abraham
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Bineesh Gopal
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Original Demand Promissory Note, Original letter of continuity, Original General Term Loan agreement, Original Hypothecation agreement, Original letter of confirmation, Original interest agreement, Original letter of Guarantee, Balance confirmation statement, Duly certified statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Boby George Kurian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff's bank is allowed to realize the plaint claim of ₹.6,08,947/- and also to realize 9% interest from the defendants.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realize the plaint claim of ₹.6,08,947/- (Rupees Six Lakhs Eight Thousand Nine Hundred And Forty Seven only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 23.12.2022 till realization.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original demand promissory note for ₹.5,00,000/- dated 06.12.2017.
Reference:
Ext.A1
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Original letter of continuity dated 06.12.2017.
Reference:
Ext.A2
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Original general term loan agreement dated 06.12.2017.
Reference:
Ext.A3
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original hypothecation agreement dated 06.12.2017.
Reference:
Ext.A4
Document Type:
Letter of Confirmation
Submitted By:
Plaintiff
Relevance:
Original letter of confirmation dated 06.12.2017.
Reference:
Ext.A5
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Original interest agreement dated 06.12.2017.
Reference:
Ext.A6
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Original letter of guarantee dated 06.12.2017.
Reference:
Ext.A7
Document Type:
Balance Confirmation Statement
Submitted By:
Plaintiff
Relevance:
Balance confirmation statement dated 15.09.2020.
Reference:
Ext.A8
Document Type:
Duly Certified Statement of Account
Submitted By:
Plaintiff
Relevance:
Duly certified statement of account of loan account No. 614306170000168.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
Case between Union Bank of India vs Boby Abraham et al regarding realisation of money
Case Code Year
Case between Union Bank of India vs Boby Abraham et al regarding realisation of money