Case Summary
The Union Bank of India filed a suit against Sukumaran K.K for defaulting on a loan repayment. The loan, taken by the defendant for purchasing an auto rickshaw, was not repaid as per agreed terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant do pay ₹ 1,92,703/- to the plaintiff with interest @ 11.05% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff. The defendant was ordered to pay the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff established the liability of the defendant through oral testimony and documentary evidence.
The plaintiff established the liability of the defendant through oral testimony and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established the liability of the defendant through oral testimony and documentary evidence.
The plaintiff established the liability of the defendant through oral testimony and documentary evidence.
Supporting Evidence
The plaintiff bank had succeeded to establish the liability of the defendants. Therefore, the defendants are liable to repay the amount as claimed in the suit.
Judgment Evidence:
In the result:- a)The suit is decreed. The defendant do pay ₹ 1,92,703/ to the plaintiff with interest @ 11.05% per annum from the date of suit till the date of decree and thereafter the defendant do pay interest @ 6% per annum until the date of realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- Sukumaran K.K
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Account Statement of the defendant, Office copy of lawyer notice, The postal registration receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Babu T Cherian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹ 1,92,703/- from the defendant with interest.
Evidence:
I am of the view that the plaintiff is entitled to get relief in the suit.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to get costs of the suit.
Evidence:
The plaintiff is also entitled to get costs of the suit.
Documents & Evidence
Document Type:
Certified copy of the Account Statement
Submitted By:
Plaintiff
Relevance:
This document was used to establish the liability of the defendants for the outstanding loan amount.
Reference:
Ext.A1
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This document was used to show that the plaintiff bank made demands for repayment of the loan amount.
Reference:
Ext.A2
Document Type:
The postal registration receipt
Submitted By:
Plaintiff
Relevance:
This document was used to support the claim that notice was sent to the defendant.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India vs Sukumaran K.K regarding realization of money
Case Code Year
Case between Union Bank of India vs Sukumaran K.K regarding realization of money