Case Summary
The case involves Union Bank of India suing defendants Mettilda Ammu and Sanil Gopi for non-repayment of a term loan amounting to Rs. 2,37,279.92. The defendants failed to appear in court after being served summons and thus the suit proceeded ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹2,37,279.92 with 8.55% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants pay Union Bank of India the outstanding amount of Rs. 2,37,279.92 along with interest. The plaintiff is entitled to recover the decree amount from the defendants' assets in case of default.
Why Plaintiff Won:
The unchallenged proof affidavit and documents submitted by the plaintiff bank satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents submitted by the plaintiff bank satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents submitted by the plaintiff bank satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents submitted by the plaintiff bank satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed directing the defendants to pay an amount of ₹2,37,279.92 (Rupees Two Lakhs Thirty Seven Thousand Two Hundred and Seventy Nine and Ninety Two paise only), with 8.55% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mettilda Ammu
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sanil Gopi
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Original of the Loan Application, Original of the Demand Promissory note, Original of the letter of continuity, Original of Term loan agreement (Hypothecation of Movables), Original of the interest agreement, Copy of recall notice, Original of acknowledgment card regarding the service of the recall notice for the defendant, Copy of the legal notice issued to the defendants, Original of the acknowledgment card (2 nos) regarding the service of legal notice to the defendants, Statement of account issued by Union Bank of India, Chakkaraparambu bearing A/c no 760506050000184 for the period from 17.09.21 to 28.07.23 along with certificate under Banker's Book Evidence Act
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nithinkrishnan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's claim for recovery of ₹2,37,279.92 with interest.
Evidence:
The suit is decreed directing the defendants to pay an amount of ₹2,37,279.92 with 8.55% interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the litigation to be paid by the defendants.
Evidence:
The plaintiff is entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original of the Loan Application submitted by the defendants.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original of the Demand Promissory note acknowledging the loan.
Reference:
Ext.A2
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Original of the letter of continuity related to the loan.
Reference:
Ext.A3
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Original of the Term loan agreement (Hypothecation of Movables) establishing loan terms.
Reference:
Ext.A4
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Original of the interest agreement detailing agreed interest rates.
Reference:
Ext.A5
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
Copy of recall notice demanding payment of the outstanding loan.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original of acknowledgment card regarding the service of the recall notice.
Reference:
Ext.A7
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal notice issued to the defendants for loan repayment.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original of the acknowledgment card regarding the service of legal notice.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account issued by Union Bank detailing the loan transactions.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India vs Mettilda Ammu et al regarding money loan repayment
Case Code Year
Case between Union Bank of India vs Mettilda Ammu et al regarding money loan repayment