Case Summary
The case involves Union Bank of India seeking to recover a loan amount from Guru Kripa Micro Unit and its members. The defendants failed to repay the loan despite repeated demands, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.5,59,040/- (Rupees Five Lakhs Fifty Nine Thousand and Forty Only) together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets, with costs.
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 with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff successfully proved their case with evidence, demonstrating that the loan was not repaid as agreed.
The plaintiff successfully proved their case with evidence, demonstrating that the loan was not repaid as agreed.
Losing Side's Weaknesses:
The plaintiff successfully proved their case with evidence, demonstrating that the loan was not repaid as agreed.
The plaintiff successfully proved their case with evidence, demonstrating that the loan was not repaid as agreed.
Supporting Evidence
By producing Exts.A1 to A9 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows:- The plaintiff is entitled to realise an amount of Rs.5,59,040/- (Rupees Five Lakhs Fifty Nine Thousand and Forty Only) together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Rep. by Branch Manager
- Party Role
- Defendant
- Party Name
- Guru Kripa Micro Unit (SHG)
- Relation
- Rep. by its Convener
- Party Role
- Defendant
- Party Name
- Dhanya R
- Relation
- W/o.Sanjith
- Party Role
- Defendant
- Party Name
- Kunjumol
- Relation
- W/o.Ranjith
- Party Role
- Defendant
- Party Name
- Pushpavally
- Relation
- D/o.Vasudevan
- Party Role
- Defendant
- Party Name
- Maya V
- Relation
- D/o.Azhakesan
Plaintiffs Documents
Sanction advice dated 16/08/2019, Inter se agreement to be executed by the members of the self help group dated 16/08/2019, Demand promissory note dated 16/08/2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Parvathy Arshaw
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R.Rajesh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the amount due from the defendants.
Evidence:
The suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.5,59,040/- together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets.
Documents & Evidence
Document Type:
Sanction advice
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the loan sanctioned to the defendants.
Reference:
Ext.A1
Document Type:
Inter se Agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms agreed upon by the members of the self-help group.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is a formal note promising to pay the specified loan amount.
Reference:
Ext.A3
Document Type:
Articles of agreement
Submitted By:
Plaintiff
Relevance:
This document details the contractual agreement regarding the loan.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the defendants regarding their failure to repay the loan.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt evidences the sending of the lawyer's notice.
Reference:
Ext.A6
Document Type:
Returned postal articles
Submitted By:
Plaintiff
Relevance:
This indicates the undelivered notices sent to the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These cards provide proof of receipt of the notices.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement shows the outstanding loan amount due from the defendants.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Union Bank of India vs Guru Kripa Micro Unit (SHG) et al regarding realization of money
Case Code Year
Case between Union Bank of India vs Guru Kripa Micro Unit (SHG) et al regarding realization of money