Case Summary
The plaintiff, Union Bank of India, seeks to recover outstanding dues from the defendant, Asharaf Pareed, due to a loan default. After the defendant's death, his legal heirs were added to the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.1,12,837 from the additional defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for realizing the outstanding amount from the additional defendants and their assets.
Why Plaintiff Won:
The plaintiff's claims were established through unrebutted evidence.
The plaintiff's claims were established through unrebutted evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A9 established his case as pleaded by him.
Judgment Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.1,12,837 from the additional defendants No. 2 to 4 and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- Asharaf Pareed
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Arifa
- Party Age
- 30
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Parviz Asharaf
- Party Age
- 18
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nazr Asharaf
- Party Age
- 17
- Relation
- S/o
Plaintiffs Documents
Loan application for CLUTL, original sanction letter, demand promissory note, delivery letter, common deed of hypothecation, letter of undertaking, lawyer's notice, original returned unserved letter, statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. M.S. Kiran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize Rs.1,12,837 from the additional defendants.
Evidence:
The plaintiff is entitled to realize Rs.1,12,837 (Rupees one lakh twelve thousand eight hundred and thirty seven only) from the additional defendants No. 2 to 4 and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 12% per annum from the date of suit till the date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.1,12,837 from the date of suit till date of decree from the additional defendants No. 2 to 4 and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 6% per annum from the date of decree till the date of realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.1,12,837 from date of decree till date of realization from the additional defendants No. 2 to 4 and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the additional defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from the additional defendants No. 2 to 4 and from their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application for CLUTL submitted by defendant.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Original sanction letter pertaining to the loan.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Demand promissory note executed by the defendant.
Reference:
Ext.A3
Document Type:
Delivery Letter
Submitted By:
Plaintiff
Relevance:
Delivery letter executed by defendant for the loan.
Reference:
Ext.A4
Document Type:
Common deed of hypothecation
Submitted By:
Plaintiff
Relevance:
Common deed of hypothecation securing the loan with business assets.
Reference:
Ext.A5
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Letter of undertaking dated 12.10.2015.
Reference:
Ext.A6
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Lawyer's notice dated 04.06.2018 regarding outstanding dues.
Reference:
Ext.A7
Document Type:
Returned Unserved Letter
Submitted By:
Plaintiff
Relevance:
Original returned unserved letter from the defendant.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account along with certification accepted and marked in evidence.
Reference:
Ext.A9
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Unrebutted oral testimony established the plaintiff's case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Corporation Bank vs Asharaf Pareed et al regarding realization of money
Case Code Year
Case between Corporation Bank vs Asharaf Pareed et al regarding realization of money