Case Summary
The plaintiff, Union Bank of India, is seeking to recover an outstanding loan amount from the defendants, M/S Brothers Enterprises and its partners. The defendants failed to repay the loan, leading the bank to file a suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realize the plaint claim of ₹. 4,87,600/- and also to realize 9% interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the loan amount due from the defendants along with interest. The suit was decreed with costs.
Why Plaintiff Won:
The evidence presented by the plaintiff was unrebutted, establishing their right to the relief sought.
The evidence presented by the plaintiff was unrebutted, establishing their right to the relief sought.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unrebutted, establishing their right to the relief sought.
The evidence presented by the plaintiff was unrebutted, establishing their right to the relief sought.
Supporting Evidence
From the unrebutted evidence adduced by plaintiff Bank, I hold that the plaintiff’s bank is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹. 4,87,600/- (Rupees Four Lakh Eighty Seven Thousand Six Hundred only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 06.06.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- M/S Brothers Enterprises
- Relation
- represented by Managing Partner
- Party Role
- Defendant
- Party Name
- Shyam Raj
- Party Age
- 38
- Relation
- S/o Raju
- Party Role
- Defendant
- Party Name
- Renjeesh P.R.
- Party Age
- 35
- Relation
- S/o Ramachandran Nair
Plaintiffs Documents
Loan Sanction letter, Demand Promissory note, Hypothecation agreement, Declaration of Partnership, Simple agreement, Letter of Continuity, Letter of undertaking not to alienate hypothecated goods, Letter of undertaking from borrowers, Copy of Lawyer's Notice, Account Statement of Account No.614305140000006, 65 B Certificate of Account Statement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johny K.Manipadam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joby Varghese
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to recover the outstanding loan amount.
Evidence:
I hold that the plaintiff’s bank is entitled to the relief as prayed for.
Relief Type:
Interest
Outcome:
Granted
Description:
9% interest from the defendants from the date of the suit till realization.
Evidence:
The plaintiff’s firm is allowed to realize the plaint claim of ₹. 4,87,600/- and also to realize 9% interest.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Used to establish the loan amount sanctioned to the defendants.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Evidence of the promissory note executed by the defendants.
Reference:
Ext.A2
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Details the hypothecation of goods as security for the loan.
Reference:
Ext.A3
Document Type:
Declaration of partnership
Submitted By:
Plaintiff
Relevance:
Establishes the partnership between the defendants.
Reference:
Ext.A4
Document Type:
Simple Agreement
Submitted By:
Plaintiff
Relevance:
Formal agreement related to the loan terms.
Reference:
Ext.A5
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Confirms the continuity of partnership and loan agreement.
Reference:
Ext.A6
Document Type:
Letter of Undertaking Not to Alienate Hypothecated Goods
Submitted By:
Plaintiff
Relevance:
Prevents the defendants from selling hypothecated goods.
Reference:
Ext.A7
Document Type:
Letter of Undertaking from Borrower
Submitted By:
Plaintiff
Relevance:
Acknowledgment from the borrower regarding loan obligations.
Reference:
Ext.A8
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Served to the defendants demanding repayment of the loan.
Reference:
Ext.A9
Document Type:
Account Statement of Account No.614305140000006
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount due on the loan account.
Reference:
Ext.A10
Document Type:
65 B Certificate of Account Statement
Submitted By:
Plaintiff
Relevance:
Certifies the authenticity of the account statement.
Reference:
Ext.A10(a)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
Case between Union Bank of India vs M/S Brothers Enterprises et al regarding realization of money
Case Code Year
Case between Union Bank of India vs M/S Brothers Enterprises et al regarding realization of money