Case Summary
This case involves Union Bank of India seeking recovery of loans provided to Thanooja, who failed to repay an outstanding amount due to the bank. The loans were secured by gold ornaments which were later found to be spurious.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs.17,21,949/- to the plaintiff.
Case Type
Commercial Suit
Final Judgment
No
The suit is decreed, directing the defendant to pay Rs.17,21,949 to the plaintiff Union Bank of India.
Why Plaintiff Won:
The plaintiff successfully proved the outstanding amount due from the defendant.
The plaintiff successfully proved the outstanding amount due from the defendant.
Losing Side's Weaknesses:
The plaintiff successfully proved the outstanding amount due from the defendant.
The plaintiff successfully proved the outstanding amount due from the defendant.
Supporting Evidence
The unchallenged oral testimony of PW1 coupled with Exts.A1 to A8 document very well show that the defendant failed to repay the loan amount with interest to plaintiff and now an amount of Rs.17,21,949/- is due from the defendant to the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay an amount of Rs.17,21,949/- (Rupees seventeen lakh twenty one thousand nine hundred and forty nine only) to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- Thanooja
- Party Age
- 29
- Relation
- W/o
Plaintiffs Documents
Common application-cum-document for jewel loan, Applications for advances against gold ornaments, Statements of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Sanjeevan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mintoob Chand.K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sanal Kumar Padannapurath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay an amount of Rs. 17,21,949/- to the plaintiff.
Evidence:
Accordingly, the suit is decreed directing the defendant to pay the outstanding amount.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff will be entitled to interest at the rate of 6% per annum from the date of the suit till realisation.
Evidence:
The plaintiff will be entitled for an interest at the rate of 6% per annum from the date of the suit till realisation of the decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit.
Evidence:
The plaintiff will be entitled for costs of the suit.
Documents & Evidence
Document Type:
Common application-cum-document for Jewel loan
Submitted By:
Plaintiff
Relevance:
Document is the application for a gold loan of Rs. 4,45,000/- secured by gold jewellery.
Reference:
Ext.A1
Document Type:
Application for advances against gold ornaments
Submitted By:
Plaintiff
Relevance:
Document is for a loan of Rs. 4,93,000/- secured by gold ornaments.
Reference:
Ext.A2
Document Type:
Application for advances against gold ornaments
Submitted By:
Plaintiff
Relevance:
Document is for a loan of Rs. 4,77,000/- secured by gold ornaments.
Reference:
Ext.A3
Document Type:
Application for advances against gold ornaments
Submitted By:
Plaintiff
Relevance:
Document is for a loan of Rs. 2,31,000/- secured by gold ornaments.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document shows the account statement for the gold loan of Rs. 4,45,000/-.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document shows the account statement for the gold loan of Rs. 4,93,000/-.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document shows the account statement for the gold loan of Rs. 2,31,000/-.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document shows the account statement for the gold loan of Rs. 4,77,000/-.
Reference:
Ext.A8
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India vs Thanooja regarding realisation of amount
Case Code Year
Case between Union Bank of India vs Thanooja regarding realisation of amount