Case Summary
The plaintiff, Union Bank of India, is suing the defendants for non-repayment of an education loan. The defendants have defaulted on their payments despite acknowledging the debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 4,29,806/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover the amount due from the defendants along with interest.
Why Plaintiff Won:
The evidence adduced by the plaintiff, including acknowledgments of debt and loan agreements, demonstrated the defendants' liability.
The evidence adduced by the plaintiff, including acknowledgments of debt and loan agreements, demonstrated the defendants' liability.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff, including acknowledgments of debt and loan agreements, demonstrated the defendants' liability.
The evidence adduced by the plaintiff, including acknowledgments of debt and loan agreements, demonstrated the defendants' liability.
Supporting Evidence
The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendants are indebted to the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The plaintiff is entitled to realise an amount of Rs. 4,29,806/- with interest at the rate of 10.90% per annum from the date of the suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Pooja M Panicker
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sabu Raja Panicker
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Loan application, loan sanction letter, agreement, promissory note, acknowledgments of debt, office copy of suit notice, statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anu V. U
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Niaz. A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff seeks to recover Rs. 4,29,806/- along with interest and costs.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 4,29,806/- (Rupees Four Lakhs Twenty Nine Thousand Eight Hundred and Six only) with interest at the rate of 10.90% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation, with costs from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Evidence of the loan application supports the plaintiff's claim.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Document confirming the loan approval supports the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Agreement of assignment
Submitted By:
Plaintiff
Relevance:
Agreement outlines repayment terms, essential for the plaintiff's case.
Reference:
Ext.A3
Document Type:
Demand Promissory Notice
Submitted By:
Plaintiff
Relevance:
Promissory note establishing the loan terms and obligations of the defendants.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Evidence of defendants' acknowledgment of their debt to the plaintiff.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Another acknowledgment document reinforcing defendants' debt obligations.
Reference:
Ext.A6
Document Type:
Office copy of suit notice
Submitted By:
Plaintiff
Relevance:
Notice sent to defendants is proof of attempts to recover the debt.
Reference:
Ext.A7
Document Type:
Return envelope
Submitted By:
Plaintiff
Relevance:
Return envelope provides evidence of communication attempts.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Financial statement substantiates the amount owed by the defendants.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India vs Pooja M Panicker et al regarding realization of money
Case Code Year
Case between Union Bank of India vs Pooja M Panicker et al regarding realization of money