Case Summary
The plaintiff, Union Bank of India, is suing the defendants for the repayment of a loan. The defendants failed to repay the loan amount which is due as of the date of the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay to the plaintiff an amount of ₹9,46,609 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, determining that the defendants owed a total of ₹9,46,609 to the plaintiff bank. The suit was decreed for the recovery of this amount along with interest.
Why Plaintiff Won:
The case was proved based on the uncontested evidence of the plaintiff's witness.
The case was proved based on the uncontested evidence of the plaintiff's witness.
Losing Side's Weaknesses:
The case was proved based on the uncontested evidence of the plaintiff's witness.
The case was proved based on the uncontested evidence of the plaintiff's witness.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is nothing to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, an amount of ₹9,46,609 with interest at the rate of 6% per annum from the date of institution of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- represented by its present branch Manager and principal officer, Vanisree S, W/o. Kiran Kumar S
- Party Role
- Defendant
- Party Name
- M/s. Saarank Murals
- Relation
- Represented by its Sole Proprietor Rajiv Peethambaran
- Party Role
- Defendant
- Party Name
- Rajiv Peethambaran
- Party Age
- 40
- Relation
- S/o.
Plaintiffs Documents
Application Form for MSEs, Hypothecation Agreement of Goods and Debts, Letter of undertaking, Demand Promissory Note, General Term Loan Agreement, other bank statements.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adarsh Dharmajan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vino Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N. D Arun Das
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Chithrakala M. C
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the plaintiff a total amount of 9,46,609/- with interest.
Evidence:
I am of the opinion that the defendants owe a total amount of 9,46,609/- to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Application form for MSEs
Submitted By:
Plaintiff
Relevance:
This document served as an application form related to the loan provided to the defendants.
Reference:
Ext.A1
Document Type:
Hypothecation agreement of goods and debts
Submitted By:
Plaintiff
Relevance:
This agreement is part of the loan documents that secured the loan against goods and debts.
Reference:
Ext.A2
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
The letter confirms the undertaking made by the defendants regarding the loan.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note is a promise to pay the specified amount under the loan terms.
Reference:
Ext.A4
Document Type:
General term loan agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the general terms and conditions of the loan availed by the defendants.
Reference:
Ext.A5
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Another promissory note related to the loan provided to the defendants.
Reference:
Ext.A6
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
This letter confirms the continuity of the loan agreement.
Reference:
Ext.A7
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the interest obligations on the loan.
Reference:
Ext.A8
Document Type:
Letter of undertaking from the borrower
Submitted By:
Plaintiff
Relevance:
This letter details the borrower's commitments regarding the loan.
Reference:
Ext.A9
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
This confirmation shows the debit balance due from the defendants.
Reference:
Ext.A10
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
This document further confirms the amount owed by the defendants.
Reference:
Ext.A11
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
Confirmation of the debit balance due from the defendants at a later date.
Reference:
Ext.A12
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
Another confirmation of the defendants' debit balance.
Reference:
Ext.A13
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This copy serves as a notice sent to the defendants regarding their obligations.
Reference:
Ext.A14
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement summarizes the financial transactions related to the defendants' account over a specified period.
Reference:
Ext.A15
Document Type:
Certificate u/s. 2 A(b) and 2A(c) of Bankers Book of Evidence Act
Submitted By:
Plaintiff
Relevance:
This certificate provides legal authentication for the bank records presented.
Reference:
Ext.A15(a)
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Another statement that reflects the account status of the defendants over a specified period.
Reference:
Ext.A16
Document Type:
Certificate u/s. 2 A(b) and 2A(c) of Bankers Book of Evidence Act
Submitted By:
Plaintiff
Relevance:
This certificate further authenticates the records presented by the plaintiff bank.
Reference:
Ext.A16(a)
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 vs M/s. Saarank Murals regarding realisation of money.
Case Code Year
Case between Union Bank of India vs M/s. Saarank Murals regarding realisation of money.