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
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.
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
Plaintiffs
Union Bank of India (Age not specified years)
Palarivattom Branch, 32/1289, Peringattu Building, Palarivattom, Kochi- 682 025
Defendants
M/s The Second Skin Textile Shop (Age not specified years)
44/3720-A3, Stadium Link Road, Pipeline Palarivattom, Ernakulam- 682025
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