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O.S. No.198/2023

Case between Union Bank of India vs Dasan P.K. et al regarding Realization Of Money

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2024-06-29
Duration
approximately-7 months 11 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Union Bank of India, filed a suit for the realization of a loan amount that the defendants failed to repay. The defendants, Dasan P.K. and Beena Dasan, did not respond to the proceedings and were set ex parte.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, allowing them to realize the claimed amount from the defendants. The court also granted interest on the amount and costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs. 4,39,563/- along with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to realize the claimed amount from the defendants. The court also granted interest on the amount and costs of the suit.
Why Plaintiff Won:
The unrebutted testimony of the plaintiff and supporting documents established the claim.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 to A8 established his case as pleaded by him. In the absence of any countervailing evidence...

Judgment Evidence:

In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs. 4,39,563/- from the defendants and from their assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Union Bank of India
Relation
Represented by
Party Role
Defendant
Party Name
Dasan P.K.
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Beena Dasan
Party Age
57
Relation
W/o
Plaintiffs Documents
Original Loan agreement dated 31.10.2016, Original Guarantee agreement dated 31.10.2016, Original Promissory note dated 31.10.2016, Original letter of undertaking dated 31.10.2016, Original of amendment rephrase agreement on 30.11.2018, Lawyer’s demand notices dated 20.01.2023, Original acknowledgment cards, Statement of accounts.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sajitha S. Dharan
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize Rs. 4,39,563 from the defendants and from their assets.
Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize Rs. 4,39,563 from the defendants and from their assets.
Relief Type: Damages
Outcome: Granted
Description:
Plaintiffs are entitled to realize interest @ 10.8% per annum for Rs. 4,39,563 from the date of suit till date decree.
Evidence:
2. Plaintiffs are entitled to realize interest @ 10.8% per annum for Rs. 4,39,563 from the date of suit till date decree from the defendants and from their assets.
Relief Type: Damages
Outcome: Granted
Description:
Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 4,39,563 from date of decree till date of realization.
Evidence:
3. Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 4,39,563 from date of decree till date of realization from the defendants and from their assets.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendants.
Evidence:
4. Plaintiff is entitled to realize costs of the suit from defendants and from their assets.

Documents & Evidence

Document Type: Loan Agreement
Submitted By: Plaintiff
Relevance:
Original loan agreement dated 31.10.2016 established by the plaintiff.
Reference:
Ext.A1
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
Original guarantee agreement dated 31.10.2016 executed by the second defendant.
Reference:
Ext.A2
Document Type: Promissory Note
Submitted By: Plaintiff
Relevance:
Original promissory note dated 31.10.2016 executed by the first defendant.
Reference:
Ext.A3
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
Original letter of undertaking dated 31.10.2016 by the first defendant.
Reference:
Ext.A4
Document Type: Amendment agreement
Submitted By: Plaintiff
Relevance:
Original agreement to rephrase payment schedule dated 30.11.2018 executed by both defendants.
Reference:
Ext.A5
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Office copy of lawyer's notice dated 20.01.2023 issued to the defendants.
Reference:
Ext.A6
Document Type: Acknowledgment Cards
Submitted By: Plaintiff
Relevance:
Original acknowledgment cards (2 in numbers) related to the case.
Reference:
Ext.A7
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Statement of accounts evidencing the debt owed by the defendants to the plaintiff.
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 Dasan P.K. et al regarding Realization Of Money
Case Code Year
Case between Union Bank of India vs Dasan P.K. et al regarding Realization Of Money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 10/26/2023 - 12:00
Case Closed
From
Sat, 06/01/2024 - 12:00
To
Sun, 06/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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