Case Summary
This case involves Union Bank of India seeking to recover a loan amount from the defendants, who have defaulted. The plaintiff filed the suit after the defendants failed to clear the outstanding dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs.7,51,444 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff presented unrefuted evidence establishing the loan's outstanding balance.
The plaintiff presented unrefuted evidence establishing the loan's outstanding balance.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.7,51,444 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
Union Bank of India (Age not specified years)
Mulamthuruthy branch, Mulamthuruthy post, desam & village, Kanayannoor Taluk, Pin 682314, Ernakulam dist.
Defendants
Ms. Ashly.V.Varghese (34 years)
Velliyammariyl H, Mulakkulam North P.O, Mulakulam Village, Piravam, Vaikom Taluk, Kottayam dist, Pin 686 664
Mr. Baby Jacob (66 years)
Velliyammariyl H, Mulakkulam North P.O, Mulakulam Village, Piravam, Vaikom Taluk, Kottayam dist, Pin 686 664
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff bank allowed to recover Rs.7,51,444 with interest.
Evidence:
The plaintiff bank is allowed to recover Rs.7,51,444 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff bank is entitled to costs of the suit from the defendants.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Executed for availing Mudra loan of Rs.6,00,000/.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed for the loan agreement.
Reference:
Ext.A2
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Related to the loan terms.
Reference:
Ext.A3
Document Type:
Letter of General Lien and Set Off
Submitted By:
Plaintiff
Relevance:
Related to the loan terms.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Related to the loan terms.
Reference:
Ext.A5
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demanding outstanding balance from defendants.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of service of lawyer notice.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending lawyer notice.
Reference:
Ext.A8
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
Confirmation of outstanding loan balance.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Detailed account statement for the loan.
Reference:
Ext.A10