Case Summary
Union Bank of India filed a suit against Saiju P.S for recovery of an outstanding loan of Rs. 2,46,856 due to default in repayment. The defendant was set ex parte after failing to appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant ordered to pay Rs. 2,46,856 with 10% interest per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendant to pay the outstanding loan amount along with interest. Failure to comply allows the plaintiff to recover the amount from the defendant's assets.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of 2,46,856/-(Rupees Two Lakhs Forty Six Thousand Eight Hundred and Fifty Six only) with 10% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- Saiju P.S
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Hypothecation agreement, Demand promissory note, Letter of continuity, Letter of General lien and set off, Letter of undertaking from borrower, Copy of the lawyer notice, A/d Card, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S.Surendran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Direction for the defendant to pay the outstanding loan amount with interest.
Evidence:
The suit is decreed directing the defendants to pay an amount of 2,46,856/-(Rupees Two Lakhs Forty Six Thousand Eight Hundred and Fifty Six only) with 10% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff bank.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Part of the security documents executed for the loan.
Reference:
Ext.A2
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Related to the loan and its repayment terms.
Reference:
Ext.A3
Document Type:
Letter of General Lien and Set Off
Submitted By:
Plaintiff
Relevance:
Established the bank's rights over the borrower's assets.
Reference:
Ext.A4
Document Type:
Letter of Undertaking from Borrower
Submitted By:
Plaintiff
Relevance:
Document ensuring the borrower's commitment to the loan terms.
Reference:
Ext.A5
Document Type:
Copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Demanded payment from the defendant for the outstanding loan amount.
Reference:
Ext.A6
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Evidence of receipt of the legal notice by the defendant.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding balance and interest calculations.
Reference:
Ext.A8
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 Saiju P.S regarding a loan default.
Case Code Year
Case between Union Bank of India vs Saiju P.S regarding a loan default.