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
The court decreed the suit in favor of the plaintiff, allowing them to recover the amount due along with interest and costs from the defendant.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1, A3 to A10, established his case as pleaded by him.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s Eleonore
- Relation
- Represented by
Plaintiffs Documents
Loan application, Credit sanction intimation, Letter of undertaking, Agreement for term loans, Common deed of hypothecation, Acknowledgment of debt, Legal notice, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.K. Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.M.Biju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N.D. Deepa
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Union Bank of India vs M/s Eleonore regarding realization of money
Case Code Year
Case between Union Bank of India vs M/s Eleonore regarding realization of money