Case Summary
The plaintiff, Union Bank of India, filed a suit against the defendant, Shibin.S, for the recovery of an outstanding vehicle loan amount of Rs.6,66,888. The defendant failed to make payments as agreed upon in their loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.6,66,888 with interest at the rate of 9.50% per annum from the date of the suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a decree for the amount due, along with interest as stated.
Why Plaintiff Won:
The plaintiff provided convincing evidence of the defendant's indebtedness and failure to adhere to the loan agreement.
The plaintiff provided convincing evidence of the defendant's indebtedness and failure to adhere to the loan agreement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Here in this case, there is no challenge to the evidences of PW1. The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendant is 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.6,66,888/- (Rupees Six Lakh Sixty Six Thousand Eight Hundred and Eighty eight only) with interest at the rate of 9.50% 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
- Shibin.S
Plaintiffs Documents
Letter of Sanction, Hypothecation (Vehicle) Agreement, Demand Promissory Note, Legal Notice, Postal Receipts, Acknowledgment Card, Statement of account for the period from 23-08-2023 to 29-08-2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Parvathy Arshaw I.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs.6,66,888/- with interest from the defendant.
Evidence:
The plaintiff is entitled to realise an amount of Rs.6,66,888/- (Rupees Six Lakh Sixty Six Thousand Eight Hundred and Eighty eight only) with interest at the rate of 9.50% per annum from the date of the suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
Hence, there is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
Document evidencing the sanction of the loan on 23/08/2023.
Reference:
Ext.A1
Document Type:
Hypothecation (Vehicle) Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendant agreeing to repay the loan.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
A promissory note for the loan amount executed by the defendant.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant demanding repayment of the outstanding amount.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the dispatch of the legal notice.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card acknowledging receipt of the legal notice by the defendant.
Reference:
Ext.A6
Document Type:
Statement of account for the period
Submitted By:
Plaintiff
Relevance:
Statement showing the total outstanding amount due from the defendant.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Union Bank of India vs Shibin.S regarding Realisation of Money
Case Code Year
Case between Union Bank of India vs Shibin.S regarding Realisation of Money