Case Summary
The plaintiff, Union Bank of India, is seeking to recover outstanding loans from the defendants, M/s. Mizre Hospitalities and its proprietor C. M. Athaudeen. The case involves loans that have become non-performing due to the defendants' failure to make payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.3,80,575.33/- along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting them the right to recover the outstanding loan amount along with interest and costs.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
The unrebutted oral testimony of PW1 and Exhibits A1 to A22 established his case as pleaded, and the evidence remained uncontroverted.
Judgment Evidence:
In the result, suit is decreed as follows. 1. The plaintiff is entitled to realize Rs.3,80,575.33/- from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s. Mizre Hospitalities
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- C. M. Athaudeen
- Party Age
- 66
- Relation
- S/o
Plaintiffs Documents
Loan Application, Sanction Letter, Composite Agreement, Demand Promissory Note, Correspondence related to loans.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vino Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adarsh Dharmajan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize Rs.3,80,575.33/- from the defendants and from their assets.
Evidence:
In the result, suit is decreed as follows. 1. The plaintiff is entitled to realize Rs.3,80,575.33/- (Rupees three lakhs eighty thousand five hundred and seventy five and three three paisa only) from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.3,80,575.33/- from the date of suit till date of decree.
Evidence:
2. The plaintiff is entitled to realize interest @ 12% per annum for Rs.3,80,575.33/- (Rupees three lakhs eighty thousand five hundred and seventy five and three three paisa only) from the date of suit till date of decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.3,80,575.33/- from date of decree till date of realization.
Evidence:
3. The plaintiff is entitled to realize interest @ 6% per annum for Rs.3,80,575.33/- (Rupees three lakhs eighty thousand five hundred and seventy five and three three paisa only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants and from their assets.
Evidence:
4. The plaintiff is entitled to realize costs of the suit from the defendants and from their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original Loan Application submitted by the first Defendant to the plaintiff bank.
Reference:
Ext.A1
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
Letter of Sanction executed by the manager, plaintiff bank, acknowledged by the first defendant.
Reference:
Ext.A2
Document Type:
Composite Agreement
Submitted By:
Plaintiff
Relevance:
Composite Agreement executed by first Defendant in favour of Plaintiff bank.
Reference:
Ext.A3
Document Type:
Supplement to Composite Agreement
Submitted By:
Plaintiff
Relevance:
Supplement to composite agreement executed by first Defendant in favor of Plaintiff Bank.
Reference:
Ext.A4
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Demand Promissory Note executed by first Defendant in favor of Plaintiff Bank for the amount of Rs.4,00,000/-.
Reference:
Ext.A5
Document Type:
Consent for Disclosures of Information
Submitted By:
Plaintiff
Relevance:
Consent for Disclosures of Information to 'CIBIL' executed by first Defendant in favor of Plaintiff Bank.
Reference:
Ext.A6
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
Undertaking Letter executed by first Defendant in favor of Plaintiff Bank.
Reference:
Ext.A7
Document Type:
Application For Union Guaranteed Emergency Credit Line
Submitted By:
Plaintiff
Relevance:
Application For Union Guaranteed Emergency Credit Line submitted by the first Defendant to the plaintiff bank.
Reference:
Ext.A8
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Term Loan Agreement executed by first Defendant in favor of Plaintiff Bank.
Reference:
Ext.A9
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Demand Promissory Note executed by first Defendant in favor of Plaintiff Bank for the amount of Rs.70,000/-.
Reference:
Ext.A10
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Letter of Continuity executed by first Defendant in favor of Plaintiff Bank.
Reference:
Ext.A11
Document Type:
Letter of General Lien and Set Off
Submitted By:
Plaintiff
Relevance:
The Letter of General Lien and Set Off executed by the first defendant in favour of the plaintiff bank.
Reference:
Ext.A12
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Interest Agreement executed by first Defendant in favor of Plaintiff Bank.
Reference:
Ext.A13
Document Type:
Application for Restructuring
Submitted By:
Plaintiff
Relevance:
Application for Restructuring under resolution framework submitted by the second Defendant to the plaintiff bank.
Reference:
Ext.A14
Document Type:
Application for Restructuring
Submitted By:
Plaintiff
Relevance:
Application for Restructuring under resolution framework submitted by the second Defendant to the plaintiff bank.
Reference:
Ext.A15
Document Type:
Offer cum Acceptance Letter for Restructuring
Submitted By:
Plaintiff
Relevance:
Offer cum Acceptance Letter for Restructuring executed by the manager, plaintiff bank, acknowledged by the second defendant.
Reference:
Ext.A16
Document Type:
Offer cum Acceptance Letter for Restructuring
Submitted By:
Plaintiff
Relevance:
Offer cum Acceptance Letter for Restructuring executed by the manager, plaintiff bank, acknowledged by the second defendant.
Reference:
Ext.A17
Document Type:
Debt Restructuring Agreement
Submitted By:
Plaintiff
Relevance:
Debt Restructuring Agreement executed by second Defendant in favor of Plaintiff Bank.
Reference:
Ext.A18
Document Type:
Debt Restructuring Agreement
Submitted By:
Plaintiff
Relevance:
Debt Restructuring Agreement executed by second Defendant in favor of Plaintiff Bank.
Reference:
Ext.A19
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer Notice along with acknowledgment card and postal receipt.
Reference:
Ext.A20
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of Accounts maintained by the plaintiff bank relating to the Defendants loan account.
Reference:
Ext.A21
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of Accounts maintained by the plaintiff bank relating to the Defendants loan account.
Reference:
Ext.A22
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
Case between Union Bank of India vs M/s. Mizre Hospitalities et al regarding realization of money.
Case Code Year
Case between Union Bank of India vs M/s. Mizre Hospitalities et al regarding realization of money.