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
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.
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
Plaintiffs
Union Bank of India (Age not specified years)
Poothotta branch, Poothotta P.O, Pin – 682 307, Manakunnam village, Kanayannoor taluk, Ernakulam district
Defendants
Saiju P.S (49 years)
Sayujyam H, Nadakavu P.O, Udayamperoor, Manakunnam village, Kanayannoor taluk, Ernakulam, Pin – 682 307
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