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
The court decreed in favor of the plaintiff, allowing recovery of the outstanding loan amount with interest. The defendants were found liable for not repaying the loan.
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.
Losing Side's Weaknesses:
The plaintiff presented unrefuted evidence establishing the loan's outstanding balance.
The plaintiff presented unrefuted evidence establishing the loan's outstanding balance.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A10 documents the plaint averments stands proved.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Ms. Ashly.V.Varghese
- Party Age
- 34
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. Baby Jacob
- Party Age
- 66
- Relation
- S/o
Plaintiffs Documents
Term loan agreement, Demand promissory note, Letter of continuity, Letter of general lien and set off, Letter of undertaking, True copy of lawyer notice, Postal acknowledgment card, Postal receipts, Debit balance confirmation, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S Surendran
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of Loan
Case Code
Case between Union Bank of India vs Ms. Ashly.V.Varghese et al regarding realisation of money
Case Code Year
Case between Union Bank of India vs Ms. Ashly.V.Varghese et al regarding realisation of money