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O.S. No. 1335 /2022

Case between Union Bank of India vs M/s Studio New Order et al regarding realization of money

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi. K. Dinamany
Order Date
2024-09-12
Duration
approximately-3 years 6 months
Case Closed
Thu, 09/12/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Union Bank of India, filed a suit against the defendants for recovery of money due from a loan agreement. Defendants failed to appear and were set exparte, leading to a judgment in favor of the plaintiff.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff for recovery of Rs.6,82,183.09 along with interest. Defendants are liable for the decree debt.
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.6,82,183.09 with interest at the specified rates.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for recovery of Rs.6,82,183.09 along with interest. Defendants are liable for the decree debt.
Why Plaintiff Won:
Plaintiff established a case based on unchallenged evidence and documents.
Losing Side's Weaknesses:
Plaintiff established a case based on unchallenged evidence and documents.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.6,82,183.09/- with interest from defendants.

Judgment Evidence:

In the result, suit is decreed as follows: Defendants shall pay Rs.6,82,183.09/-... and 6% from the date of decree till the date of payment or realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Union Bank of India
Party Role
Defendant
Party Name
M/s Studio New Order
Relation
Represented by
Party Role
Defendant
Party Name
Nadeem Salim
Party Age
22
Relation
S/o
Party Role
Defendant
Party Name
Salim K Aliyar
Party Age
57
Relation
S/o
Plaintiffs Documents
Loan Application form Pradhan Manthri Mudra Yojana, Sanction letter, Hypothecation agreement, Term loan agreement, various promissory notes and statements of accounts.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Vino Jose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P.J. Joe Paul
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendants shall pay Rs.6,82,183.09 with interest.
Evidence:
Defendants are directed to pay interest at the rate of 8.55% along with 2% penal interest per annum from 23.12.2022 till the date of decree.
Relief Type: Other
Outcome: Granted
Description:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Loan application form submitted by the 2nd defendant to the plaintiff bank.
Reference:
Ext.A1
Document Type: Sanction letter
Submitted By: Plaintiff
Relevance:
Sanction letter issued by the plaintiff to the 2nd defendant.
Reference:
Ext.A2
Document Type: Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
Hypothecation agreement between the plaintiff and the defendants.
Reference:
Ext.A3
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
Letter of undertaking not to alienate hypothecated goods.
Reference:
Ext.A4
Document Type: Term loan agreement
Submitted By: Plaintiff
Relevance:
Term loan agreement executed by the 2nd defendant.
Reference:
Ext.A5
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
Another letter of undertaking not to alienate hypothecated goods.
Reference:
Ext.A6
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Demand promissory note for Rs.3,64,000.
Reference:
Ext.A7
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Demand promissory note for Rs.2,36,000.
Reference:
Ext.A8
Document Type: Letter of Continuity
Submitted By: Plaintiff
Relevance:
Letter of continuity for Rs.3,64,000.
Reference:
Ext.A9
Document Type: Letter of Continuity
Submitted By: Plaintiff
Relevance:
Letter of continuity for Rs.2,36,000.
Reference:
Ext.A10
Document Type: Letter of General Lien and Set Off
Submitted By: Plaintiff
Relevance:
Letter of general lien executed by 2nd defendant.
Reference:
Ext.A11
Document Type: Letter of General Lien and Set Off
Submitted By: Plaintiff
Relevance:
Another letter of general lien executed by 2nd defendant.
Reference:
Ext.A12
Document Type: Interest Agreement
Submitted By: Plaintiff
Relevance:
Interest agreement executed by 2nd defendant.
Reference:
Ext.A13
Document Type: Interest Agreement
Submitted By: Plaintiff
Relevance:
Another interest agreement executed by 2nd defendant.
Reference:
Ext.A14
Document Type: Letter of undertaking from borrowers
Submitted By: Plaintiff
Relevance:
Letter of undertaking from the borrowers executed by the 2nd defendant.
Reference:
Ext.A15
Document Type: Letter of undertaking from borrowers
Submitted By: Plaintiff
Relevance:
Another letter of undertaking from the borrowers executed by the 2nd defendant.
Reference:
Ext.A16
Document Type: Deed of Guarantee
Submitted By: Plaintiff
Relevance:
Deed of guarantee executed by the 3rd defendant.
Reference:
Ext.A17
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Office copy of lawyer notice of loan account.
Reference:
Ext.A18
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Another office copy of lawyer notice of loan account.
Reference:
Ext.A19
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
Statement of account for the period from 04.03.2021 to 16.12.2022.
Reference:
Ext.A20
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
Statement of account for another loan for the same period.
Reference:
Ext.A21

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 Studio New Order et al regarding realization of money
Case Code Year
Case between Union Bank of India vs M/s Studio New Order et al regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 03/04/2021 - 12:00
Case Closed
Thu, 09/12/2024 - 12:00
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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