Case Summary
Union Bank of India filed a suit against defendants seeking recovery of a loan amount of Rs.4,10,846/- along with 14% interest per annum. The defendants failed to repay the loan despite multiple reminders and acknowledgments of liability.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs.4,10,846/- with 14% interest per annum and costs of the suit
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of Rs.4,10,846/- along with 14% interest per annum, and granted costs of the suit.
Why Plaintiff Won:
The plaintiff proved its case through oral evidence and documents, including the Demand Promissory Note, Hypothecation Agreement, debit balance confirmation, lawyer notice, and statement of accounts.
The plaintiff proved its case through oral evidence and documents, including the Demand Promissory Note, Hypothecation Agreement, debit balance confirmation, lawyer notice, and statement of accounts.
Losing Side's Weaknesses:
The plaintiff proved its case through oral evidence and documents, including the Demand Promissory Note, Hypothecation Agreement, debit balance confirmation, lawyer notice, and statement of accounts.
The plaintiff proved its case through oral evidence and documents, including the Demand Promissory Note, Hypothecation Agreement, debit balance confirmation, lawyer notice, and statement of accounts.
Supporting Evidence
The plaintiff proved its case through oral evidence of PW1 and documents as Ext. A1 to A5.
Judgment Evidence:
Therefore, I hold a view that the plaintiff has proved its case by oral evidence of PW1 and documents produced in this case. So, the plaintiff is entitled for a decree as prayed for.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- V.P. Musthafa
- Party Age
- 36
- Relation
- S/o. Harnza
- Party Role
- Defendant
- Party Name
- Shihab T
- Party Age
- 32
- Relation
- S/o. Moideen
Plaintiffs Documents
Demand Promissory Note, Hypothecation Agreement, Debit Balance confirmation, Copy of Lawyer Notice, Statement of account
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Realization of Rs.4,10,846/- with 14% interest per annum and costs of the suit
Evidence:
The plaintiff proved its case through oral evidence and documents, including the Demand Promissory Note, Hypothecation Agreement, debit balance confirmation, lawyer notice, and statement of accounts.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Proof of loan execution
Reference:
Ext.A1
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Collateral agreement for the loan
Reference:
Ext.A2
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
Acknowledgement of liability
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Reminder to repay the loan
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Account statement detailing the amount due
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Union Bank of India vs V.P.Musthafa et al regarding loan recovery
Case Code Year
Case between Union Bank of India vs V.P.Musthafa et al regarding loan recovery