Case Summary
The plaintiff, Union Bank of India, filed a suit against the defendant, Thulasi, for recovery of a loan amount. The defendant borrowed a sum for purchasing an autorickshaw but defaulted on the repayments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.1,68,012.88 along with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case with unchallenged evidence regarding the loan default.
The plaintiff established a case with unchallenged evidence regarding the loan default.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.1,68,012.88...
Parties Involved
Plaintiffs
Union Bank of India (Age not specified years)
Kalamassery Branch, Door No. IV/465-A, Opposite Apollo Tyres Ltd., North Kalamassery P O, Ernakulam
Defendants
Thulasi (53 years years)
Vedathalaparambil House, Eloor South, Udyogmandal S O, Ernakulam District, Pin code- 683501
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.1,68,012.88/- with interest.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,68,012.88/- with interest from defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant to pay interest at the rate of 9.35% per annum from the date of suit till the date of decree.
Evidence:
Defendant is directed to pay interest at the rate of 9.35% per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant to pay interest at the rate of 6% from the date of decree till the date of payment.
Evidence:
Defendant is directed to pay ... and 6% from the date of decree till the date of payment or realization.
Documents & Evidence
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
Shows the defendant applied for a term loan of Rs.1,99,000/- for purchasing a 3-wheeler passenger autorickshaw.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document executed by the defendant evidencing the loan amount.
Reference:
Ext.A2
Document Type:
Hypothecation of Vehicles agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendant in favor of the plaintiff bank for the hypothecation of the vehicle.
Reference:
Ext.A3
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the interest terms agreed upon by the defendant.
Reference:
Ext.A4
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
A document executed by the defendant related to the loan.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter dated 18.07.2019 reminding the defendant of overdue payments.
Reference:
Ext.A6
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
Confirmation of the debit balance executed by the defendant on 24.07.2019.
Reference:
Ext.A7
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter dated 07.07.2022 reminding the defendant of overdue payments.
Reference:
Ext.A8
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
Confirmation of the debit balance executed by the defendant on 19.07.2022.
Reference:
Ext.A9
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
A notice issued by the plaintiff's lawyer on 14.05.2024 demanding the outstanding amount.
Reference:
Ext.A10
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt related to the advocate notice.
Reference:
Ext.A11
Document Type:
Statement of account with certificate under Banker’s Book Evidence Act
Submitted By:
Plaintiff
Relevance:
Document evidencing the amount due from the defendant.
Reference:
Ext.A12