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
Why Plaintiff Won:
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
Plaintiffs
Union Bank of India (Age not specified years)
32/1289, Peringattu Building, Palarivattom, Kochi - 682 025
Defendants
M/s. K. S Electricals (Age not specified years)
32/366 L, KMH Building, Punithura, Puthiya road, Kanayannur, Ernakulam - Pin 682 025, residing at C.C 41/167, Nedumchilambil, Thuruthiyil Lane, Vennala Edappally South, Kochi, Ernakulam - 682 028
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: