Case Summary
The plaintiff, Union Bank of India, claims that the defendant, M/s The Second Skin Textile Shop, failed to repay a loan of Rs.7,52,948.41 which was due after the loan account became a non-performing asset. The defendant did not respond to the bank's demands for repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.7,52,948.41 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the due amount along with interest and costs.
Why Plaintiff Won:
The evidence presented by the plaintiff was unrebutted and established the claim.
The evidence presented by the plaintiff was unrebutted and established the claim.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unrebutted and established the claim.
The evidence presented by the plaintiff was unrebutted and established the claim.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A10 established the case as pleaded by plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize a sum of Rs.7,52,948.41/- from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Rep. by
- Party Role
- Defendant
- Party Name
- M/s The Second Skin Textile Shop
- Relation
- Rep. by
Plaintiffs Documents
Original sanction letter dated 19.09.2023, Original demand promissory note dated 19.09.2023, Original letter of continuity dated 19.09.2023, Original General Lien and Set off dated 19.09.2023, Original term loan agreement dated 19.09.2023, Original interest agreement dated 19.09.2023, Original letter of undertaking from borrower executed dated 19.09.2023, Copy of Lawyer’s notice dated 05.11.2024, Original postal receipt of the legal notice, Statement of account with regard to the TLU41 A/C No.617306440000070.
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
- Deepa N.D.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover a sum of Rs.7,52,948.41 from the defendant.
Evidence:
In the result, suit is decreed as follows; 1.The plaintiff is entitled to realize a sum of Rs.7,52,948.41/-
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 11.30% per annum from the date of suit.
Evidence:
2.The plaintiff is entitled to realize interest @ 11.30 % per annum for Rs.7,52,948.41/-
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 6% per annum from date of decree till date of realization.
Evidence:
3.The plaintiff is entitled to realize interest @ 6% per annum for Rs.7,52,948.41/-
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
4.The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
This document was used to establish the loan arrangement between the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document was part of the security documents supporting the loan agreement.
Reference:
Ext.A2
Document Type:
Original letter of continuity
Submitted By:
Plaintiff
Relevance:
This document was used to confirm the continuity of the loan agreement.
Reference:
Ext.A3
Document Type:
Original General Lien and Set off
Submitted By:
Plaintiff
Relevance:
This document outlines the lender's rights in case of default.
Reference:
Ext.A4
Document Type:
Original term loan agreement
Submitted By:
Plaintiff
Relevance:
This document specifies the terms of the loan provided to the defendant.
Reference:
Ext.A5
Document Type:
Original interest agreement
Submitted By:
Plaintiff
Relevance:
This document details the interest rates applicable to the loan.
Reference:
Ext.A6
Document Type:
Original letter of undertaking from borrower executed
Submitted By:
Plaintiff
Relevance:
This document confirms the borrower's commitment to the loan agreement.
Reference:
Ext.A7
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
This document is a record of the legal notice sent to the defendant demanding repayment.
Reference:
Ext.A8
Document Type:
Original postal receipt of the legal notice
Submitted By:
Plaintiff
Relevance:
This document serves as proof of delivery of the legal notice to the defendant.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides details of the loan account and outstanding amount.
Reference:
Ext.A10
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 The Second Skin Textile Shop regarding realization of money.
Case Code Year
Case between Union Bank of India vs M/s The Second Skin Textile Shop regarding realization of money.