Case Summary
Union Bank of India filed a suit against Mr. C V Anob Kumar for the recovery of a loan amounting to Rs.4,13,650/- which the defendant failed to repay. The court found in favor of the plaintiff after the defendant did not contest the suit effectively.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.4,13,650/- along with interest at 11.5% per annum from the date of suit till the date of decree and 6% from the date of decree till the date of payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.4,13,650/- along with applicable interest. The defendant's liability extends to his personal responsibility and assets.
Why Plaintiff Won:
Plaintiff established a case with unchallenged evidence regarding the loan and repayment defaults.
Plaintiff established a case with unchallenged evidence regarding the loan and repayment defaults.
Losing Side's Weaknesses:
Plaintiff established a case with unchallenged evidence regarding the loan and repayment defaults.
Plaintiff established a case with unchallenged evidence regarding the loan and repayment defaults.
Supporting Evidence
The plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,13,650/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.4,13,650/- (Rupees Four lakhs thirteen thousand six hundred and fifty only) along with interest @11.5% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. C V Anob Kumar
- Relation
- S/o
Plaintiffs Documents
Demand Promissory note No. 8 dated 08.02.18, Letter of continuity, Interest Agreement, Term Loan Agreement, Composite Debit Balance confirmation, Copy of legal notice, Postal acknowledgment, Copy of statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S K Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N D Deepa
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K M Fathima
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K M Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anilkumar Kallesseril
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P M Manash
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jain Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aadil Nazarudeen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.4,13,650/- along with interest.
Evidence:
Defendant is directed to pay interest at the rate of 11.5% per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Shows that the defendant availed Rs.6,80,000/- from plaintiff bank.
Reference:
Ext.A1
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Document establishing the continuity of the loan agreement.
Reference:
Ext.A2
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Document related to the interest terms of the loan.
Reference:
Ext.A3
Document Type:
Term Loan agreement (Hypothecation of Movables)
Submitted By:
Plaintiff
Relevance:
Details the terms of the term loan agreement.
Reference:
Ext.A4
Document Type:
Letter of Undertaking from the Borrowers
Submitted By:
Plaintiff
Relevance:
Undertaking from the borrower regarding the loan.
Reference:
Ext.A5
Document Type:
Composite debit balance confirmation
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt admitting the liability of the defendant.
Reference:
Ext.A6
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the defendant regarding the loan default.
Reference:
Ext.A7
Document Type:
Postal acknowledgment for receipt of notice
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the legal notice by the defendant.
Reference:
Ext.A8
Document Type:
Copy of the statement of account
Submitted By:
Plaintiff
Relevance:
Shows the amounts due and the history of the account.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Union Bank of India vs Mr. C V Anob Kumar regarding realization of money
Case Code Year
Case between Union Bank of India vs Mr. C V Anob Kumar regarding realization of money