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
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.
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
Plaintiffs
Vinu Paul (34 years)
Poonithura Branch, Door No.29, 2826A, Aditya Gandhi Square, Poonithura.P.O., Ernakulam, Pin -682 038
Defendants
Shihab Umbai (45 years)
Vadakkath Parambu, Manappati Parambu Road, Kaloor.P.O., Ernakulam, Pin – 682 017
Shejeera Shihab (40 years)
Vadakkath Parambu, Manappati Parambu Road, Kaloor.P.O., Ernakulam, Pin–682 017
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