Case Summary
Union Bank of India filed a suit against Vishnu.K.Shaji and Vineeth.V. for the recovery of a loan amount of ₹3,91,602/-. The defendants failed to repay the loan, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s bank is allowed to realise the plaint claim of Rs.3,91,602/- and also to realise 9% interest from the date of the suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of ₹3,91,602/- along with interest from the defendants.
Why Plaintiff Won:
Plaintiff established the liability of the defendants through evidence and documentation.
Plaintiff established the liability of the defendants through evidence and documentation.
Losing Side's Weaknesses:
Plaintiff established the liability of the defendants through evidence and documentation.
Plaintiff established the liability of the defendants through evidence and documentation.
Supporting Evidence
From the unrebutted evidence adduced by plaintiff, I hold that the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realise the plaint claim of Rs.3,91,602/- and also to realise 9% interest from the defendant or his assets from the date of the suit ie, 06.06.2023 till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- Vishnu.K.Shaji
- Party Age
- 24
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vineeth.V.
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Promissory note, letter of continuity, term loan agreement, interest agreement, letter of guarantee, debit balance confirmation.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Boby George Kurian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff's bank is allowed to realise the plaint claim of Rs.3,91,602/- and also to realise 9% interest from the defendant or his assets from the date of the suit.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realise the plaint claim of Rs.3,91,602/- (Three Lakh Ninety One Thousand Six Hundred Two Only) and also to realise 9% interest from the defendant or his assets from the date of the suit ie, 06.06.2023 till realisation.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original of the promissory note dated 25.10.2018 for the amount of Rs.4,00,000/-.
Reference:
Ext.A1
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Letter of continuity dated 25.10.2018.
Reference:
Ext.A2
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Original term loan agreement dated 25.10.2018.
Reference:
Ext.A3
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Original interest agreement dated 25.10.2018.
Reference:
Ext.A4
Document Type:
General Letter of Lien and Set-Off
Submitted By:
Plaintiff
Relevance:
General letter of lien and set-off dated 25.10.2018.
Reference:
Ext.A5
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Letter of guarantee dated 25.10.2018.
Reference:
Ext.A6
Document Type:
Composite debit balance confirmation
Submitted By:
Plaintiff
Relevance:
Original composite debit balance confirmation dated 22.07.2021.
Reference:
Ext.A7
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note dated 12.06.2020 for an amount of Rs.62,000/-.
Reference:
Ext.A8
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Letter of continuity dated 12.06.2020.
Reference:
Ext.A9
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Original term loan agreement dated 12.06.2020.
Reference:
Ext.A10
Document Type:
Composite Debit Balance Confirmation Statement
Submitted By:
Plaintiff
Relevance:
Composite debit balance confirmation statement dated 22.07.2021.
Reference:
Ext.A11
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Certified copy of statement of account No. 614306170000220 for the period from 25.10.2018 to 29.05.2023.
Reference:
Ext.A12
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Certified copy of statement of account No. 614306990000030 for the period from 12.06.2020 to 29.05.2023.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India vs Vishnu.K.Shaji et al regarding realisation of money
Case Code Year
Case between Union Bank of India vs Vishnu.K.Shaji et al regarding realisation of money