Case Summary
The Union Bank of India is seeking to recover a loan amount from the defendants, Shihab Umbai and his wife Shejeera Shihab. The defendants defaulted on their loan, prompting the bank to file this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,61,115.06 with interest at the rate of 8.55% per annum and 2% penal interest
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest. The defendants are personally liable for the decree debt.
Why Plaintiff Won:
The plaintiff established a case with unchallenged documents showing the defendants' default.
The plaintiff established a case with unchallenged documents showing the defendants' default.
Losing Side's Weaknesses:
The plaintiff established a case with unchallenged documents showing the defendants' default.
The plaintiff established a case with unchallenged documents showing the defendants' default.
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.1,61,115.06 with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.1,61,115.06 along with interest @8.55% per annum and 2% penal interest from 02.02.2024 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- Shihab Umbai
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shejeera Shihab
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Loan application No.4643/2018, Loan sanction letter, Hypothecation agreement, Demand promissory note, Letter of guarantee
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vino Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adarsh Dharmajan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall pay Rs.1,61,115.06 along with interest.
Evidence:
Defendants shall pay Rs.1,61,115.06 along with interest @8.55% per annum and 2% penal interest from 02.02.2024 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 the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants' personal liability for decree debt is established.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Loan Application Form Pradhan Mantri Mudra Yojana
Submitted By:
Plaintiff
Relevance:
Shows that 1st defendant applied for loan of Rs.1,70,000 from plaintiff under Pradhan Mantri Mudra Yojana Scheme.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Is the loan sanction letter issued by plaintiff.
Reference:
Ext.A2
Document Type:
Hypothecation of Vehicles agreement
Submitted By:
Plaintiff
Relevance:
Executed by 1st defendant in favour of the plaintiff bank.
Reference:
Ext.A3
Document Type:
General term loan agreement
Submitted By:
Plaintiff
Relevance:
Executed by 1st defendant in favour of the plaintiff bank.
Reference:
Ext.A4
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by 1st defendant in favour of the plaintiff bank.
Reference:
Ext.A5
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Executed by 1st defendant in favour of the plaintiff bank.
Reference:
Ext.A6
Document Type:
Letter of General Lien and Set Off
Submitted By:
Plaintiff
Relevance:
Executed by 1st defendant in favour of the plaintiff bank.
Reference:
Ext.A7
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Executed by 1st defendant in favour of the plaintiff bank.
Reference:
Ext.A8
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Executed by 1st defendant in favour of the plaintiff bank.
Reference:
Ext.A9
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Executed by 2nd defendant in favour of the plaintiff bank.
Reference:
Ext.A10
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
Executed by 1st defendant in favour of the plaintiff bank.
Reference:
Ext.A11
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank to the defendants with postal receipts.
Reference:
Ext.A12
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Maintained by the plaintiff bank relating to the defendants loan account.
Reference:
Ext.A13
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 Shihab Umbai, Shejeera Shihab regarding money realization
Case Code Year
Case between Union Bank of India vs Shihab Umbai, Shejeera Shihab regarding money realization