Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. No.73/2023

Case between Union Bank of India vs Mr. Thomas M.K. et al regarding realization of money.

Court
II Additional Munsiff Court
Judge
Smt. Maneesha K Bhadran
Order Date
2024-02-29
Duration
approximately-2 years 1 month and 13 days
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiff is Union Bank of India, which filed the suit for realization of an outstanding education loan amount from the defendants, Mr. Thomas M.K. and Mr. Praise Kuriakose, who defaulted on repayment. The court deemed the defendants to be ex parte due to their absence.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The defendants are liable to satisfy the decree debt.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs. 6,79,336.21 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The defendants are liable to satisfy the decree debt.
Why Plaintiff Won:
Plaintiff established a case supported by unchallenged evidence.
Losing Side's Weaknesses:
Plaintiff established a case supported by unchallenged evidence.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case.

Judgment Evidence:

In the result, suit is decreed as follows: 1) Plaintiff is entitled to realize an amount of Rs. 6,79,336.21 along with interest @ 12.5% per annum from 16.01.2023 till date of decree and interest @ 6% per annum from the date of decree till realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Union Bank of India
Relation
represented by
Party Role
Defendant
Party Name
Mr. Thomas M.K.
Relation
S/o late Mr. Kuriakose M.J.
Party Role
Defendant
Party Name
Mr. Praise Kuriakose
Plaintiffs Documents
Original Credit Sanction Intimation, Original of the Education Loan Agreement, Original of Letter of Undertaking from Borrowers, Original of Letter of Undertaking from Guarantor/s, Original of Education Loan Guarantee, Office copy of legal notice with postal receipt and A/D.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
S.K. Balachandran
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
N.D. Deepa
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K.M. Biju
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff entitled to recover Rs.6,79,336.21 with interest.
Evidence:
Plaintiff is entitled to realize an amount of Rs.6,79,336.21 with interest @12.5% per annum from 16.01.2023 till date of decree and interest @6% per annum from the date of decree till realization.
Relief Type: Cost of Suit
Outcome: Granted
Description:
Plaintiff entitled to recover the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Credit Sanction Intimation
Submitted By: Plaintiff
Relevance:
Document related to the approval of an education loan.
Reference:
Ext.A1
Document Type: Education Loan Agreement
Submitted By: Plaintiff
Relevance:
Formal agreement detailing the terms of the education loan.
Reference:
Ext.A2
Document Type: Letter of undertaking from borrowers
Submitted By: Plaintiff
Relevance:
Commitment from borrowers to repay the loan.
Reference:
Ext.A3
Document Type: Letter of Undertaking from Guarantor
Submitted By: Plaintiff
Relevance:
Guarantee letter from the guarantor for the loan.
Reference:
Ext.A4
Document Type: Education Loan Guarantee
Submitted By: Plaintiff
Relevance:
Document outlining the guarantee provided for the education loan.
Reference:
Ext.A5
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Document demonstrating the demand for repayment of the loan.
Reference:
Ext.A6
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Second legal notice sent to the defendants for loan repayment.
Reference:
Ext.A7
Document Type: Postal Envelop Returned
Submitted By: Plaintiff
Relevance:
Evidence that the legal notice was returned unclaimed.
Reference:
Ext.A8
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
Record showing the transaction history related to the loan.
Reference:
Ext.A9

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 Mr. Thomas M.K. et al regarding realization of money.
Case Code Year
Case between Union Bank of India vs Mr. Thomas M.K. et al regarding realization of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 01/16/2023 - 12:00
Case Closed
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

Similar Cases

Case between M/s IDBI Bank vs Shri. Sajeeb V.S regarding realization of money
IN THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Civil Suit Plaintiff Won
Case between Bank of Baroda vs M/s M K S Agency, Sandhya Suresh regarding realization of money
Court of Munsiff, Ernakulam
Civil Suit Plaintiff Won
Case between Dhanalaxmi Bank Limited vs Thaslim Nazrin V M et al regarding realization of money
COURT OF MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between Canara Bank vs Mrs. Preethymol P.T regarding realization of money
Court of the Third Addl. Munsiff & Rent Controller, Ernakulam
Civil Suit Plaintiff Won
Case between Bank of Baroda represented by its Chief Manager, Manohar M vs Ratheesh P.S regarding recovery of money
COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won