Case Summary
The plaintiff, Union Bank of India, filed a suit against the defendant, Manu Prasad, for the realization of a loan amount after he defaulted on repayments. Despite repeated requests and a legal notice, the defendant did not repay the loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.2,35,903.30 from the defendant and from his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to realize the amount due along with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiff established a case of loan default supported by unchallenged evidence and documentation.
The plaintiff established a case of loan default supported by unchallenged evidence and documentation.
Losing Side's Weaknesses:
The plaintiff established a case of loan default supported by unchallenged evidence and documentation.
The plaintiff established a case of loan default supported by unchallenged evidence and documentation.
Supporting Evidence
Upon perusing the unchallenged oral testimony of PW1 and Ext. A1 to A11, I am of the view that plaintiff has established a case.
Judgment Evidence:
In the result, suit is decreed with costs as follows: Plaintiff is entitled to realize Rs.2,35,903.30 from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- Manu Prasad P.
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Loan application dated 21.07.2020, Sanction letter dated 24.07.2020, Loan agreement dated 24.07.2020, Promissory note dated 24.07.2020, Letter of continuity dated 24.07.2020, Letter of general lien and set off dated 24.07.2020, Interest agreement dated 24.07.2020, Letter of undertaking dated 24.07.2020, Composite debit balance confirmation dated 28.10.2022, Copy of lawyer's notices dated 30.11.2023, Statement of accounts dated 21.12.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vino Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adarsh Dharmajan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.2,35,903.30 from the defendant.
Evidence:
In the result, suit is decreed with costs as follows: Plaintiff is entitled to realize Rs.2,35,903.30 from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest at 9.80% per annum for Rs.2,35,903.30 from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 9.80% per annum for Rs.2,35,903.30 from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest at 6% per annum for Rs.2,35,903.30 from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.2,35,903.30 from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 21.07.2020.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Original sanction letter issued by the plaintiff bank dated 24.07.2020.
Reference:
Ext.A2
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original loan agreement dated 24.07.2020.
Reference:
Ext.A3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original demand promissory note dated 24.07.2020.
Reference:
Ext.A4
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Original letter of continuity dated 24.07.2020.
Reference:
Ext.A5
Document Type:
Letter of General Lien and Set Off
Submitted By:
Plaintiff
Relevance:
Original letter of General Lien and Set Off dated 24.07.2020.
Reference:
Ext.A6
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Original of interest agreement dated 24.07.2020.
Reference:
Ext.A7
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking from the borrowers dated 24.07.2020.
Reference:
Ext.A8
Document Type:
Composite debit balance confirmation
Submitted By:
Plaintiff
Relevance:
Original composite debit balance confirmation dated 28.10.2022.
Reference:
Ext.A9
Document Type:
Lawyer's notices
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 30.11.2023, along with postal receipt and original returned postal envelope.
Reference:
Ext.A10 series
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts for the loan transaction dated 21.12.2023, covering the period from 24.07.2020 to 21.12.2023.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India vs Manu Prasad regarding realization of money
Case Code Year
Case between Union Bank of India vs Manu Prasad regarding realization of money