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O.S No. 13/2024

Case between Union Bank of India vs Prema Venu regarding realisation of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Rohit Nandakumar
Order Date
2024-10-22
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves the Union Bank of India as the plaintiff and Prema Venu as the defendant. The plaintiff seeks to recover a loan amount after the defendant failed to make repayments.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the defendant to pay Rs. 2,75,369.19/- to the plaintiff Bank along with interest at the rate of 6% per annum. The suit was decreed in favor of the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Amount of 2,75,369/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendant to pay Rs. 2,75,369.19/- to the plaintiff Bank along with interest at the rate of 6% per annum. The suit was decreed in favor of the plaintiff.
Why Plaintiff Won:
The evidence settled the case in favor of the plaintiff.
Losing Side's Weaknesses:
The evidence settled the case in favor of the plaintiff.
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: The defendant is directed to pay to the plaintiff, an amount of 2,75,369/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Union Bank of India
Party Role
Defendant
Party Name
Prema Venu
Party Age
44
Relation
W/o
Plaintiffs Documents
Loan Application Form, Loan Sanction Letter, Term Loan Agreement, Demand Promissory Note, Letter of Continuity, Letter of general lien, Interest Agreement, Letter of Undertaking, Detailed terms and conditions, Composite debit balance confirmation, Legal Notice, Statement of account.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Vino Jose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Adarsh Dharmajan
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendant is directed to pay an amount of 2,75,369/- with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 2,75,369/- (Rupees two lakh seventy five thousand three hundred and sixty nine only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or his assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff shall be at liberty to realise the amount from the defendant or his assets if not paid.
Evidence:
If the defendant do not pay the amount as ordered, the plaintiff shall be at the liberty to realise the same from the defendant or his assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is entitled to costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.

Documents & Evidence

Document Type: Loan Application Form
Submitted By: Plaintiff
Relevance:
Document related to the loan application made by the defendant.
Reference:
Ext.A1
Document Type: Loan Sanction Letter
Submitted By: Plaintiff
Relevance:
Document indicating the approval of the loan sanctioned to the defendant.
Reference:
Ext.A2
Document Type: Term loan agreement
Submitted By: Plaintiff
Relevance:
Agreement detailing the terms of the loan availed by the defendant.
Reference:
Ext.A3
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Promissory note concerning the repayment commitment of the defendant.
Reference:
Ext.A4
Document Type: Letter of Continuity
Submitted By: Plaintiff
Relevance:
Document assuring the continuance of the loan agreement.
Reference:
Ext.A5
Document Type: Letter of General Lien
Submitted By: Plaintiff
Relevance:
Document establishing a lien on the defendant's assets.
Reference:
Ext.A6
Document Type: Interest Agreement
Submitted By: Plaintiff
Relevance:
Agreement specifying the interest rates applicable to the loan.
Reference:
Ext.A7
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
Undertaking by the defendant regarding loan repayment.
Reference:
Ext.A8
Document Type: Loan Application Form
Submitted By: Plaintiff
Relevance:
Second loan application form submitted by the defendant.
Reference:
Ext.A9
Document Type: Detailed terms and conditions
Submitted By: Plaintiff
Relevance:
Document containing specific terms and conditions of the loan.
Reference:
Ext.A10
Document Type: Term loan agreement
Submitted By: Plaintiff
Relevance:
Further terms of the loan agreement.
Reference:
Ext.A11
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Another promissory note concerning the repayment.
Reference:
Ext.A12
Document Type: Letter of Continuity
Submitted By: Plaintiff
Relevance:
Another document assuring the continuation of the loan.
Reference:
Ext.A13
Document Type: Letter of General Lien
Submitted By: Plaintiff
Relevance:
Another lien document related to the defendant's assets.
Reference:
Ext.A14
Document Type: Interest Agreement
Submitted By: Plaintiff
Relevance:
Another agreement specifying interest charges.
Reference:
Ext.A15
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
Another undertaking regarding loan repayment.
Reference:
Ext.A16
Document Type: Composite debit balance confirmation
Submitted By: Plaintiff
Relevance:
Document confirming the outstanding debit balance of the defendant.
Reference:
Ext.A17
Document Type: Composite debit balance confirmation
Submitted By: Plaintiff
Relevance:
Another confirmation of the defendant's outstanding balance.
Reference:
Ext.A18
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Notice sent to the defendant regarding non-repayment of the loan.
Reference:
Ext.A19
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Account statement showing transactions related to the loan.
Reference:
Ext.A20
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Another account statement documenting loan-related transactions.
Reference:
Ext.A21
Document Type: Oral Evidence
Submitted By: Plaintiff
Relevance:
Evidence provided by the plaintiff’s witness.
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 vs Prema Venu regarding realisation of money
Case Code Year
Case between Union Bank of India vs Prema Venu regarding realisation of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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