Case Summary
This case involves Union Bank of India seeking recovery of ₹7,71,327.10 from Karthik S due to default in loan repayment. The defendant had taken a loan for setting up a textile shop but failed to repay as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to recover ₹7,71,327.10 along with interest
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing recovery of the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff provided documentation proving the defendant's default on the loan repayment.
The plaintiff provided documentation proving the defendant's default on the loan repayment.
Losing Side's Weaknesses:
The plaintiff provided documentation proving the defendant's default on the loan repayment.
The plaintiff provided documentation proving the defendant's default on the loan repayment.
Supporting Evidence
The plaintiff's case has been established without any ambiguity. The defendant acknowledged the receipt of the loan and failed to prove payments that challenged the plaintiff's claims.
Judgment Evidence:
In the result, the suit is decreed with costs as follow. Plaintiff is entitled to recover Rs. 7.71,327.10 from the defendant along with interest @8.55% from the date of suit till to the date of the decree and interest @ of 6% per annum for the date of decree till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- represented by Branch Manager, Vinu Paul
- Party Role
- Defendant
- Party Name
- Karthik S
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Loan application, Sanction letter, Term loan agreement, Demand promissory note, Letter of continuity, Letter of General lien and set off, Interest agreement, Letter of undertaking, Lawyer notice, Statement of accounts, Authorisation Letter
Defendants Documents
Statement of accounts
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vino Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.N.Sivasankaran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sunil Shankar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sandhra S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs. 7.71,327.10 along with interest.
Evidence:
In the result, the suit is decreed with costs as follow. Plaintiff is entitled to recover Rs. 7.71,327.10 from the defendant along with interest @8.55% from the date of suit till to the date of the decree and interest @ of 6% per annum for the date of decree till realisation.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendant to apply for a loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document confirming the approval of the loan.
Reference:
Ext.A2
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the terms of the loan.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Legal document executed by the defendant acknowledging the loan.
Reference:
Ext.A4
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Document regarding the continuity of the loan agreement.
Reference:
Ext.A5
Document Type:
Letter of General Lien and Set Off
Submitted By:
Plaintiff
Relevance:
Document providing lien rights to the bank.
Reference:
Ext.A6
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Document specifying the terms of interest on the loan.
Reference:
Ext.A7
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Document outlining the defendant's commitments regarding the loan.
Reference:
Ext.A8
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant demanding payment.
Reference:
Ext.A9
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Detailed account of the loan transactions.
Reference:
Ext.A10
Document Type:
Authorisation Letter
Submitted By:
Plaintiff
Relevance:
Document proving the authority of PW1 to represent the bank.
Reference:
Ext.A11
Document Type:
Statement of Accounts
Submitted By:
Defendant
Relevance:
Document presented by the defendant showing transactions.
Reference:
Ext.B1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimony provided by witnesses from both sides.
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 Union Bank of India et al vs Karthik S regarding Recovery of money
Case Code Year
Case between Union Bank of India et al vs Karthik S regarding Recovery of money