Case Summary
Union Bank of India is seeking to recover a loan amount from M/s. Care Diaganostics and its proprietor, Parvathy.P.S., after the defendants defaulted on repayment. The court found that the plaintiff established their case and ordered the defendants to pay the owed amount with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.7,06,248 with interest as specified.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendants to pay the plaintiff Rs.7,06,248 along with specified interest due to their failure to repay the loan as agreed.
Why Plaintiff Won:
The plaintiff established their case through evidence and unchallenged documents.
The plaintiff established their case through evidence and unchallenged documents.
Losing Side's Weaknesses:
The plaintiff established their case through evidence and unchallenged documents.
The plaintiff established their case through evidence and unchallenged documents.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize Rs.7,06,248 with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.7,06,248 along with interest @8.05% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s. Care Diaganostics
- Party Age
- 35
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Parvathy.P.S.
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Term loan agreement, Hypothecation agreement, Demand promissory note, Letter undertaking, Letter of General Lien and set off, Copy of the lawyer notice, Postal receipt, Account Statement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S. Surendran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.7,06,248/- along with interest.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize Rs.7,06,248/- with interest from defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall be personally liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendants as part of the loan availed for starting the business.
Reference:
Ext.A1
Document Type:
Hypothecation agreement of goods and debts
Submitted By:
Plaintiff
Relevance:
Executed by the defendants as part of the loan availed for starting the business.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendants as part of the loan availed for starting the business.
Reference:
Ext.A3
Document Type:
Letter undertaking
Submitted By:
Plaintiff
Relevance:
Executed by the defendants as part of the loan availed for starting the business.
Reference:
Ext.A4
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Executed by the defendants as part of the loan availed for starting the business.
Reference:
Ext.A5
Document Type:
Letter of General Lien and Set Off
Submitted By:
Plaintiff
Relevance:
Executed by the defendants as part of the loan availed for starting the business.
Reference:
Ext.A6
Document Type:
Copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Issued to the defendants regarding the default in payment.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of sending the lawyer notice to the defendants.
Reference:
Ext.A8
Document Type:
Postal Track Record for delivery of notice
Submitted By:
Plaintiff
Relevance:
Evidence of sending the lawyer notice to the second defendant.
Reference:
Ext.A9
Document Type:
Returned notice unserved
Submitted By:
Plaintiff
Relevance:
Evidence of the first defendant not receiving the notice.
Reference:
Ext.A10
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Demonstrates the defaults in repayment by the defendants.
Reference:
Ext.A11
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
O.S.NO.
Case Code Year
2023