Case Summary
This case involves Union Bank of India suing Mr. Mahafil Hassan for the recovery of a loan amount of Rs.13,92,973. The defendant was unable to repay the loans taken due to business shutdown during the COVID pandemic.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to pay Rs.13,92,973 to the plaintiff.
Case Type
Commercial Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay an amount of Rs.13,92,973 along with interest and costs.
Why Plaintiff Won:
The plaintiff successfully proved the defendant's failure to repay the loans with sufficient evidence.
The plaintiff successfully proved the defendant's failure to repay the loans with sufficient evidence.
Losing Side's Weaknesses:
The plaintiff successfully proved the defendant's failure to repay the loans with sufficient evidence.
The plaintiff successfully proved the defendant's failure to repay the loans with sufficient evidence.
Supporting Evidence
The defendant failed to prove in evidence the amount remitted by him which is not reflected in Ext.A10 and A11 documents.
Judgment Evidence:
In the result, the suit is decreed as follows: - 1The defendant is directed to pay an amount of Rs.13,92,973/- (Rupees thirteen lakh ninety two thousand nine hundred and seventy three only) to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Mahafil Hassan
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Loan application, Sanction letter, Demand Promissory Note, Loan agreements, Interest Agreement, Letter of continuity, Computerized statements of accounts, Legal notice, Postal receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Smitha Dharmaraj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T Sunitha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M.A Latheef
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.13,92,973/- from the defendant.
Evidence:
The suit is decreed with costs and the defendant is directed to pay an amount of Rs.13,92,973/-.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to interest at the rate of 9% per annum from the date of the suit until realization.
Evidence:
The plaintiff will be entitled for interest at the rate of 9% per annum from the date of the suit.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit.
Evidence:
The plaintiff will be entitled for costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendant for availing the loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank for the loan.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant for the loan.
Reference:
Ext.A3
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff.
Reference:
Ext.A4
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff.
Reference:
Ext.A5
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff.
Reference:
Ext.A6
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant for the COVID personal loan.
Reference:
Ext.A7
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff for the COVID personal loan.
Reference:
Ext.A8
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff for the COVID personal loan.
Reference:
Ext.A9
Document Type:
Computerised statement of accounts
Submitted By:
Plaintiff
Relevance:
Shows the payment history and outstanding dues for the first loan.
Reference:
Ext.A10
Document Type:
Computerised statement of accounts
Submitted By:
Plaintiff
Relevance:
Shows the payment history and outstanding dues for the COVID personal loan.
Reference:
Ext.A11
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demands payment from the defendant.
Reference:
Ext.A12
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice.
Reference:
Ext.A13
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the notice by the defendant.
Reference:
Ext.A14
Document Type:
Non Starter Report
Submitted By:
Plaintiff
Relevance:
Report related to the defendant's business status.
Reference:
Ext.A15
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of Loan
Case Code
Case between Union Bank of India vs Mr. Mahafil Hassan regarding realization of loan amount
Case Code Year
Case between Union Bank of India vs Mr. Mahafil Hassan regarding realization of loan amount