Case Summary
Plaintiff Union Bank of India filed a suit against M/s NEW SPECIAL DIAGNOSTIC for non-repayment of a loan taken for starting a Diagnostic Laboratory. Defendant failed to repay the amount and violated the terms of the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Plaintiff granted relief for the repayment of the loan amount with interest, as the defendant failed to repay as per the loan agreement.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s NEW SPECIAL DIAGNOSTIC
- Party Age
- 37
Plaintiffs Documents
Demand Promissory Note 28.09.2022, Letter of continuity(AD.09 modified), AD-02A 28.09.2022, Hypothication Agreement (Goods and debts) 28.09.2022, Composite Hypothication Deed (SD-20) 28.09.2022, Term Loan Agreement( Hypothication of movables) 28.09.2022, General Term Loan Agrment 28.09.2022, Statement of account for the period from 28.09.2022 to 02.09.2024, Office copy of the lawer notice 22.05.2024, Postal receipt 24.05.2024, Postal A/D Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P G Dileepkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C R Deepa
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Plaintiff awarded Rs. 4,73,500 with interest
Evidence:
The defendant is hereby directed to pay an amount of Rs. Rs. 4,73,500/- (Rupees four lakhs seventy three thousand and five hundred only) to the plaintiff bank and together with interest on the principal amount of Rs. 4,65,000/- at the rate of 9% per annum from the date of suit till the date of decree. Thereafter, with 6% of interest on the principal amount till its realisation.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Plaintiff evidence proving loan agreement and amount due
Reference:
Ext.A1
Document Type:
Letter of continuity(AD.09 modified)
Submitted By:
Plaintiff
Relevance:
Plaintiff evidence supporting loan agreement terms
Reference:
Ext.A2
Document Type:
AD-02A
Submitted By:
Plaintiff
Relevance:
Plaintiff evidence related to loan agreement execution
Reference:
Ext.A3
Document Type:
Hypothication Agreement (Goods and debts)
Submitted By:
Plaintiff
Relevance:
Plaintiff evidence on hypothecation agreement
Reference:
Ext.A4
Document Type:
Composite Hypothication Deed (SD-20)
Submitted By:
Plaintiff
Relevance:
Plaintiff evidence on composite hypothecation deed
Reference:
Ext.A5
Document Type:
Term Loan Agreement( Hypothication of movables)
Submitted By:
Plaintiff
Relevance:
Plaintiff evidence of loan agreement terms
Reference:
Ext.A6
Document Type:
General Term Loan Agrment
Submitted By:
Plaintiff
Relevance:
Plaintiff evidence of general loan agreement terms
Reference:
Ext.A7
Document Type:
Statement of account for the period from 28.09.2022 to 02.09.2024.
Submitted By:
Plaintiff
Relevance:
Plaintiff evidence of amount due
Reference:
Ext.A8
Document Type:
Office copy of the lawer notice
Submitted By:
Plaintiff
Relevance:
Plaintiff evidence of legal notice served
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Plaintiff evidence of postal communication
Reference:
Ext.A10
Document Type:
Postal A/D Card
Submitted By:
Plaintiff
Relevance:
Plaintiff evidence of acknowledgement
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
OS.
Case Code Year
2024