Case Summary
This case involves a suit for realisation of money where the plaintiff, a banking concern, claims that the defendant failed to repay a loan amounting to ₹6,47,038.48. The defendant was set ex parte after summons were issued and the plaintiff's evidence was taken.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to pay ₹6,47,038.48 with interest at 6% per annum from the date of institution of the suit. The plaintiff is also entitled to costs of the suit.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of ₹6,47,038.48/- (Rupees six lakhs forty seven thousand thirty eight and forty eight paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant. II. If the defendant do not pay the amount as ordered, the plaintiff shall be at the liberty to realise the same from the defendant or from assets of defendant. III. Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Rep. By Senior Manager
- Party Role
- Defendant
- Party Name
- M/s. K. S Electricals
Plaintiffs Documents
Demand Promissory Note, Letter of Continuity, Hypothecation Agreement, Interest Agreement, Letter of undertaking from the borrower, Composite debit balance confirmation, Office copy of the legal notice, Returned postal envelope, Statement of account for the period from 03.08.2016 to 30.06.2020
Defendants Documents
Advocates
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Plaintiff awarded ₹6,47,038.48 with interest at 6% per annum
Evidence:
The plaintiff is entitled to recover the same from the defendant, with interest from the date of suit.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit presented as documentary evidence
Reference:
Ext.A1
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit presented as documentary evidence
Reference:
Ext.A2
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit presented as documentary evidence
Reference:
Ext.A3
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit presented as documentary evidence
Reference:
Ext.A4
Document Type:
Letter of undertaking from the borrower
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit presented as documentary evidence
Reference:
Ext.A5
Document Type:
Composite debit balance confirmation
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibits presented as documentary evidence
Reference:
Exts.A6 to A7
Document Type:
Office copy of the legal notice
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit presented as documentary evidence
Reference:
Ext.A8
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit presented as documentary evidence
Reference:
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Plaintiff's exhibit presented as documentary evidence
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Union Bank of India vs M/s. K. S Electricals regarding Realisation of Money
Case Code Year
Case between Union Bank of India vs M/s. K. S Electricals regarding Realisation of Money