Case Summary
The Union Bank of India filed a suit against Sajeena A N for recovery of a defaulted loan amount. The defendant failed to appear and was set ex parte, leading to the bank's claim for the total outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.2,16,500/- along with interest @10.75% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest. The defendant's personal assets are also liable for the debt.
Why Plaintiff Won:
The plaintiff established a case supported by documentary evidence that the defendant defaulted on the loan repayment.
The plaintiff established a case supported by documentary evidence that the defendant defaulted on the loan repayment.
Losing Side's Weaknesses:
The plaintiff established a case supported by documentary evidence that the defendant defaulted on the loan repayment.
The plaintiff established a case supported by documentary evidence that the defendant defaulted on the loan repayment.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.2,16,500/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.2,16,500/- (Rupees Two lakhs sixteen thousand five hundred only) along with interest @10.75% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sajeena A N
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Original of the Credit Sanction, Demand promissory note for Rs.2,00,000/-, Letter of Continuity, General Lien and set off, General Term Loan Agreement, Interest Agreement, Letter of undertaking from borrower, Letter of undertaking not to alienate hypothecated goods, Legal notice, Original of the returned envelope containing legal notice, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S K Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa N D
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K M Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.2,16,500/- along with interest.
Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.2,16,500/- (Rupees Two lakhs sixteen thousand five hundred only) along with interest @10.75% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant's personal liability and asset liability for the decree debt.
Evidence:
2) Defendant shall be personally and her assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the suit.
Evidence:
3) Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Credit Sanction
Submitted By:
Plaintiff
Relevance:
Original of the credit sanction dated 15.01.2024.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Demand promissory note executed by the borrower for an amount of Rs.2,00,000/- dated 15.01.2024.
Reference:
Ext.A2
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Letter of continuity dated 15.01.2024.
Reference:
Ext.A3
Document Type:
General Lien and Set off
Submitted By:
Plaintiff
Relevance:
General lien and set off dated 15.01.2024.
Reference:
Ext.A4
Document Type:
General term loan agreement
Submitted By:
Plaintiff
Relevance:
General term loan agreement.
Reference:
Ext.A5
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Interest agreement dated 15.01.2024.
Reference:
Ext.A6
Document Type:
Letter of Undertaking from Borrower
Submitted By:
Plaintiff
Relevance:
Letter of undertaking from borrower executed dated 15.01.2024.
Reference:
Ext.A7
Document Type:
Letter of Undertaking Not to Alienate Hypothecated Goods
Submitted By:
Plaintiff
Relevance:
Letter of undertaking not to alienate hypothecated goods.
Reference:
Ext.A8
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Office copy of the legal notice dated 16.10.2024.
Reference:
Ext.A9
Document Type:
Returned Envelope Containing Legal Notice
Submitted By:
Plaintiff
Relevance:
Original of the returned envelope containing legal notice.
Reference:
Ext.A10
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts with regard to the A/c No.695906050000277 from 15.01.2024 to 31.01.2025 duly certified under Banker’s Book Evidence Act.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Union Bank of India vs Sajeena A N regarding realization of money
Case Code Year
Case between Union Bank of India vs Sajeena A N regarding realization of money