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O.S No. 290/2022

Case between Union Bank of India vs Sini Varghese regarding money recovery

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-11-25
Duration
approximately-2 years 6 days
Case Closed
Mon, 11/25/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Union Bank of India filed a suit against Sini Varghese for the recovery of a loan amount that Sini failed to repay. The case proceeded ex parte after the defendant did not respond.

Judgment Outcome

Plaintiff Won
Interim Order
The Court decreed the suit in favor of the plaintiff, ordering the defendant to pay the owed amount with interest. The plaintiff is also entitled to costs.
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay ₹1,43,192.87 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The Court decreed the suit in favor of the plaintiff, ordering the defendant to pay the owed amount with interest. The plaintiff is also entitled to costs.
Why Plaintiff Won:
The uncontested evidence of the plaintiff proved the case, establishing the defendant's liability.
Losing Side's Weaknesses:
The uncontested evidence of the plaintiff proved the case, establishing the defendant's liability.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.

Judgment Evidence:

In the result, the suit is decreed as follows: I.The defendants are directed to pay to the plaintiff, an amount of 1,43,192.87/- with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or her assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Union Bank of India
Party Role
Plaintiff
Party Name
Ashwini Kumar
Party Age
32
Relation
S/o
Party Role
Defendant
Party Name
Sini Varghese
Party Age
44
Relation
D/o
Plaintiffs Documents
Loan Application form Pradhan Mathri Mudra Yojana, Sanction letter, Composite Agreement, Supplement to the composite Agreement, Consent letter to be obtained from Borrower, Undertaking letter, Request letter, Re schedulement of Loan letter, Letter of undertaking, Supplemental and Amendatory Agreement, Office copy of Lawyer Notice, Computer generated printout of Statement of account
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Vino Jose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Tanya Joy
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendants are directed to pay to the plaintiff an amount of 1,43,192.87/- with interest.
Evidence:
In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, an amount of 1,43,192.87/- with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or her assets.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.

Documents & Evidence

Document Type: Loan Application Form
Submitted By: Plaintiff
Relevance:
This document details the initial loan application made by the defendant.
Reference:
Ext.A1
Document Type: Sanction letter
Submitted By: Plaintiff
Relevance:
This document shows the approval of the loan applied by the defendant.
Reference:
Ext.A2
Document Type: Composite Agreement
Submitted By: Plaintiff
Relevance:
This document outlines the terms of the loan agreement between the plaintiff and defendant.
Reference:
Ext.A3
Document Type: Supplement to the Composite Agreement
Submitted By: Plaintiff
Relevance:
This document amends parts of the original loan agreement.
Reference:
Ext.A4
Document Type: Consent letter to be obtained from Borrower
Submitted By: Plaintiff
Relevance:
This document shows the consent required from the borrower for certain loan terms.
Reference:
Ext.A5
Document Type: Undertaking Letter
Submitted By: Plaintiff
Relevance:
This document includes an undertaking by the defendant regarding loan repayment.
Reference:
Ext.A6
Document Type: Request letter
Submitted By: Plaintiff
Relevance:
This document is a request from the defendant regarding the loan.
Reference:
Ext.A7
Document Type: Re-schedulement of Loan letter
Submitted By: Plaintiff
Relevance:
This document shows the rescheduling of the loan repayment plan.
Reference:
Ext.A8
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
This document is another undertaking related to loan repayment terms.
Reference:
Ext.A9
Document Type: Supplemental and Amendatory Agreement
Submitted By: Plaintiff
Relevance:
This document supplements and amends previous agreements regarding the loan.
Reference:
Ext.A10
Document Type: Office copy of lawyer notice
Submitted By: Plaintiff
Relevance:
This document serves as a notice from the plaintiff's lawyer to the defendant.
Reference:
Ext.A11
Document Type: Computer generated printout of Statement of account
Submitted By: Plaintiff
Relevance:
This document provides a detailed account statement showing the outstanding dues of the defendant.
Reference:
Ext.A12

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 Sini Varghese regarding money recovery
Case Code Year
Case between Union Bank of India vs Sini Varghese regarding money recovery

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 11/19/2022 - 12:00
Case Closed
Mon, 11/25/2024 - 12:00
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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