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
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
Why Plaintiff Won:
The unrebutted testimony of the plaintiff and supporting documents established the claim.
The unrebutted testimony of the plaintiff and supporting documents established the claim.
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
Plaintiffs
Union Bank of India (Age not specified years)
21/416 C & D, PrasanthiSreevalsam Apartments, East Nada, Poornathrayeesa Temple, Tripunithura, Kerala-682 301.
Defendants
Dasan P.K. (60 years)
Vayalichiraparambil, Kandanadu P.O., Tripunithura.
Beena Dasan (57 years)
Vayalichiraparambil, Kandanadu P.O., Tripunithura.
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