Case Summary
Union Bank of India filed a suit against Shyni K for the recovery of a loan amount due to defaults in repayment. The defendant failed to appear in court, resulting in an ex parte judgment against her.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.5,53,332.29 along with interest @8.55% per annum from the date of suit till the date of payment.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay Rs.5,53,332.29 with interest due to default in loan repayment. The defendant’s assets were also made liable to satisfy the debt.
Why Plaintiff Won:
Plaintiff established a case with unchallenged documents proving the debt owed.
Plaintiff established a case with unchallenged documents proving the debt owed.
Losing Side's Weaknesses:
Plaintiff established a case with unchallenged documents proving the debt owed.
Plaintiff established a case with unchallenged documents proving the debt owed.
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.5,53,332.29/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.5,53,332.29/- along with interest @8.55% per annum...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Shyni K
Plaintiffs Documents
Loan application dated 15.05.2017, Sanction letter dated 20.05.2017, Demand promissory note dated 20.05.2017, Letter of continuity dated 20.05.2017, Term loan agreement dated 20.05.2017, Interest agreement dated 20.05.2017, Letter dated 07.12.2019, Debit balance confirmation dated 31.12.2019, Application for restructuring dated 18.10.2021, Acceptance letter dated 18.10.2021, Demand promissory note dated 18.10.2021, Copy of recall notice dated 20.07.2023, Lawyer notice dated 20.04.2024, Statement of account dated 19.04.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nithin Krishnan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay Rs.5,53,332.29/- along with interest.
Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.5,53,332.29/- along with interest @8.55% per annum from the date of suit till the date of payment or realization, as the case may be, to plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant’s personal liability for the decree debt.
Evidence:
Defendant shall be personally and her assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Shows that the defendant submitted application for loan of Rs.4,00,000/- to start a home appliance trading.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Shows that on 20.05.2017, the plaintiff bank sanctioned Term loan to defendant.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Documents the defendant's commitment to repay the loan.
Reference:
Ext.A3
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Establishes the continuity of the loan agreement.
Reference:
Ext.A4
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Formal agreement outlining the terms of the loan.
Reference:
Ext.A5
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Details the interest terms applicable to the loan.
Reference:
Ext.A6
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Correspondence regarding overdue payments.
Reference:
Ext.A7
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
Confirms the defendant's acknowledgment of the outstanding loan amount.
Reference:
Ext.A8
Document Type:
Application for Restructuring
Submitted By:
Plaintiff
Relevance:
Documents the defendant's request to restructure the loan.
Reference:
Ext.A9
Document Type:
Acceptance letter
Submitted By:
Plaintiff
Relevance:
Confirms acceptance of the loan restructuring agreement.
Reference:
Ext.A10
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Another promissory note from the defendant for the restructured loan.
Reference:
Ext.A11
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Further establishes terms of continuity for the restructured loan.
Reference:
Ext.A12
Document Type:
Copy of Recall Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant of loan recall.
Reference:
Ext.A13
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of communications regarding the loan.
Reference:
Ext.A14
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Formal notice issued to the defendant regarding the debt.
Reference:
Ext.A15
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Further proof of receipt of legal notices.
Reference:
Ext.A16
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the current outstanding balance and interest calculations.
Reference:
Ext.A17
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 Shyni K regarding realization of money
Case Code Year
Case between Union Bank of India vs Shyni K regarding realization of money