Case Summary
Union Bank of India filed a suit against multiple defendants for recovery of a loan amount that they had failed to repay. The defendants were members of a group that took a loan from the bank but did not honor the repayment terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.9,19,939/- with interest at the rate of 11.65% per annum from the date of the suit till the date of decree.
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 from the defendants. The defendants were found jointly and severally liable for the repayment.
Why Plaintiff Won:
The plaintiff established its case through uncontroverted evidence, including loan agreements and testimony.
The plaintiff established its case through uncontroverted evidence, including loan agreements and testimony.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The defendants chose to remain exparte till conclusion of the proceedings and there is nothing offered before Court to disbelieve the version of plaintiff which remained unchallenged and unrebutted.
Judgment Evidence:
In the result, the suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.9,19,939/- (Rupees Nine lakhs Nineteen thousand nine hundred and thirty nine only) with interest at the rate of 11.65% per annum from the date of suit till the date of decree from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Jayakmari
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Tintu.S
- Party Age
- 39
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Reshmi. T.G
- Party Age
- 37
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Santhi.S
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jayasree.P
- Relation
- W/o
Plaintiffs Documents
Hypothecation Agreement, Promissory Note, Letter (SD), Interest agreement, Letter of Continuity, Legal Notices, Acknowledgment Cards, Unserved notices, Postal receipts, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Soumya G
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover loan amount with interest.
Evidence:
1.Plaintiff is entitled to realise an amount of Rs.9,19,939/- (Rupees Nine lakhs Nineteen thousand nine hundred and thirty nine only) with interest at the rate of 11.65% per annum from the date of suit till the date of decree from the defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed necessary document for the SHG loan sanctioned to the defendants.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Part of the documents executed by the defendants for the loan.
Reference:
Ext.A2
Document Type:
Letter (SD)
Submitted By:
Plaintiff
Relevance:
Communication sent to defendants regarding the loan status.
Reference:
Ext.A3
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Document related to the interest terms of the loan.
Reference:
Ext.A4
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Document ensuring continuity of the loan agreement.
Reference:
Ext.A5
Document Type:
Legal Notices
Submitted By:
Plaintiff
Relevance:
Notices sent to the defendants for loan recovery.
Reference:
Ext.A6
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Cards acknowledging the receipt of notices sent to defendants.
Reference:
Ext.A7
Document Type:
Unserved Notices
Submitted By:
Plaintiff
Relevance:
Notices that were not served to the defendants.
Reference:
Ext.A8
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts indicating the postal dispatch of notices to the defendants.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document showing the outstanding amount due to the plaintiff bank.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India vs Jayakmari et al regarding realisation of money
Case Code Year
Case between Union Bank of India vs Jayakmari et al regarding realisation of money