Case Summary
Union Bank of India is suing Babu.K.Nair for the recovery of a loan amount of Rs.2,26,600.43. The defendant defaulted on repayment after taking a business loan under the Pradhan Mantri Mudra Yojana-Kishore scheme.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs.2,26,600.43 together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter at 6% per annum till entire realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff bank, allowing recovery of the loan amount plus interest. The costs of the suit are to be borne by the defendant.
Why Plaintiff Won:
The unrebutted evidence from the plaintiff and the documents filed stood proved, establishing the plaintiff's claim.
The unrebutted evidence from the plaintiff and the documents filed stood proved, establishing the plaintiff's claim.
Losing Side's Weaknesses:
The unrebutted evidence from the plaintiff and the documents filed stood proved, establishing the plaintiff's claim.
The unrebutted evidence from the plaintiff and the documents filed stood proved, establishing the plaintiff's claim.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A12 documents the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.2,26,600.43 together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India, Maradu Branch
- Party Role
- Defendant
- Party Name
- Babu.K.Nair
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Loan Application Form, Communication of sanction, Composite Agreement, Consent for disclosure of information to CIBIL, Supplement to the Composite Agreement, Supplementary to the loan documents, Property statement, Office copy of the lawyer notice, Recall notice, Computer print out of statement of account, Bank certificate of amount due, Newspaper publication
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Bobby John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Venkideswaran.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff bank is allowed to recover Rs.2,26,600.43 along with interest as prayed for.
Evidence:
The plaintiff bank is allowed to recover Rs.2,26,600.43/ (Rupees Two lakhs Twenty Six thousand Six hundred and Forty Three paise only) together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff bank is entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Submitted to support the loan application made by the defendant.
Reference:
Ext.A1
Document Type:
Communication of sanction
Submitted By:
Plaintiff
Relevance:
Indicates the approval of the loan amount to the defendant.
Reference:
Ext.A2
Document Type:
Composite Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms of the loan agreement executed between the plaintiff and the defendant.
Reference:
Ext.A3
Document Type:
Consent for disclosure of information to CIBIL
Submitted By:
Plaintiff
Relevance:
Shows the defendant's agreement for CIBIL to share his credit information.
Reference:
Ext.A4
Document Type:
Supplement to the Composite Agreement
Submitted By:
Plaintiff
Relevance:
Additional terms related to the loan agreement.
Reference:
Ext.A5
Document Type:
Supplementary to the loan documents
Submitted By:
Plaintiff
Relevance:
Further details related to the loan documentation.
Reference:
Ext.A6
Document Type:
Property statement
Submitted By:
Plaintiff
Relevance:
Information regarding the property linked to the loan.
Reference:
Ext.A7
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Proof of the legal notice sent to the defendant for loan recall.
Reference:
Ext.A8
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
Notice served to demand repayment of the outstanding loan balance.
Reference:
Ext.A9
Document Type:
Computer print out of Statement of Account
Submitted By:
Plaintiff
Relevance:
Details of transaction history related to the loan.
Reference:
Ext.A10
Document Type:
Bank certificate of amount due
Submitted By:
Plaintiff
Relevance:
Certificate stating the amount owed by the defendant.
Reference:
Ext.A11
Document Type:
Newspaper Publication
Submitted By:
Plaintiff
Relevance:
Proof of publication to notify the defendant regarding the suit.
Reference:
Ext.A12
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, Maradu Branch vs Babu.K.Nair regarding realisation of money
Case Code Year
Case between Union Bank of India, Maradu Branch vs Babu.K.Nair regarding realisation of money