Case Summary
The case involves Union Bank of India suing M/s Eleonore to recover an outstanding loan of Rs. 1,76,276/- due to non-payment. The defendant failed to appear in court, leading to the case being heard ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.1,76,276/- along with interest @ 12% per annum till the date of decree and @ 6% per annum till realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence presented by the plaintiff was uncontroverted, establishing the plaintiff's claim for recovery of the outstanding loan amount.
The evidence presented by the plaintiff was uncontroverted, establishing the plaintiff's claim for recovery of the outstanding loan amount.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The plaintiff is entitled to realize Rs.1,76,276/- from the defendant and from his assets.
Parties Involved
Plaintiffs
Union Bank of India (Age not specified years)
Building No.32/2291, A-10-15, Ground Floor, Vasudev Complex, Palarivattom P.O., Kochi, Pin 682 025, Ernakulum District
Defendants
M/s Eleonore (Age not specified years)
Neryamkottu House, Nethaji Road, Padivattom, Palarivattom P.O, Kochi-682024
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,76,276/- from the defendant.
Evidence:
In the result, suit is decreed as follows: The plaintiff is entitled to realize Rs.1,76,276/- (Rupees one lakh seventy six thousand two hundred and seventy six only) from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to interest at 12% per annum on the principal amount from the date of suit till date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.1,76,276/- (Rupees one lakh seventy six thousand two hundred and seventy six only) from the date of suit till date of decree from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to interest at 6% per annum on the principal amount from the date of decree till date of realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.1,76,276/- (Rupees one lakh seventy six thousand two hundred and seventy six only) from date of decree till date of realization from the defendants and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendant and from his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application establishing the loan agreement.
Reference:
Ext.A1
Document Type:
Credit Sanction Intimation
Submitted By:
Plaintiff
Relevance:
Credit sanction intimation dated 11.08.2015 related to the loan.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Original letter of undertaking dated 11.08.2015 supporting the loan agreement.
Reference:
Ext.A4
Document Type:
Agreement for Term Loans
Submitted By:
Plaintiff
Relevance:
Original agreement stipulating the loan terms.
Reference:
Ext.A5
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original common deed of hypothecation concerning the loan.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Original acknowledgment executed by the defendant admitting the debt.
Reference:
Ext.A7
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal notice sent to the defendant demanding repayment.
Reference:
Ext.A8
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
Original of the returned envelope containing the legal notice.
Reference:
Ext.A9
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Copy of the statement of accounts showing the debt details.
Reference:
Ext.A10