Case Summary
The case involves Union Bank of India seeking to recover a loan amount from Smt. Radha Joshy. The defendant defaulted on the repayment of a loan taken for her tailoring business, prompting the plaintiff to file a suit for the recovery of dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.33,530 along with interest @10% per annum from 01.02.2021 until the date of decree and 6% from the date of decree till payment.
Case Type
Civil Suit
Final Judgment
No
The court decreed that Smt. Radha Joshy is to pay Rs.33,530 along with interest to the Union Bank of India. The defendant is liable for the decree debt personally and through her assets.
Why Plaintiff Won:
The plaintiff established a case based on the unchallenged evidence of the branch manager and the loan documents.
The plaintiff established a case based on the unchallenged evidence of the branch manager and the loan documents.
Losing Side's Weaknesses:
The plaintiff established a case based on the unchallenged evidence of the branch manager and the loan documents.
The plaintiff established a case based on the unchallenged evidence of the branch manager and the loan 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.33,530 with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.33,530 along with interest @10% per annum from 01.02.2021 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
- Party Role
- Defendant
- Party Name
- Smt. Radha Joshy
- Relation
- W/o
Plaintiffs Documents
Loan application form, Demand promissory note, Letter of continuity, Hypothecation agreement, Composite debit balance confirmation, application for restructuring, demand promissory note, simple debit balance confirmation letter, office copy of lawyer notice, statements of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.S. Sajeevkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lakshmi.S.Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jyothi Lakshmi.A.N.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was granted the recovery of Rs.33,530 with interest from the defendant.
Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.33,530 along with interest @ 10% per annum from 01.02.2021 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.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant's personal assets were also made liable for the decree debt.
Evidence:
2) Defendant shall be personally and her assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit.
Evidence:
3) Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Original Loan Application form
Submitted By:
Plaintiff
Relevance:
This document is part of the evidence establishing the loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the defendant's agreement to the loan terms.
Reference:
Ext.A2
Document Type:
Original letter of continuity
Submitted By:
Plaintiff
Relevance:
This document relates to the continuation of the loan agreement.
Reference:
Ext.A3
Document Type:
Original Hypothecation (Goods) agreement
Submitted By:
Plaintiff
Relevance:
This document confirms the hypothecation of goods as security for the loan.
Reference:
Ext.A4
Document Type:
Original Composite Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
This document shows the acknowledged loan balance by the defendant.
Reference:
Ext.A5
Document Type:
Original application for re-phasement/Re-schedulement/Restructuring of loan facility
Submitted By:
Plaintiff
Relevance:
This document is part of the process for restructuring the loan.
Reference:
Ext.A6
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is related to the restructured loan agreement.
Reference:
Ext.A7
Document Type:
Original simple debit balance confirmation letter
Submitted By:
Plaintiff
Relevance:
This document confirms the current balance of the loan account.
Reference:
Ext.A8
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This document shows the notice issued to the defendant for loan recovery.
Reference:
Ext.A9
Document Type:
Statement of Account from 22.09.2015 to 30.04.2019
Submitted By:
Plaintiff
Relevance:
This document provides transaction details of the loan account.
Reference:
Ext.A10
Document Type:
Statement of account from 16.04.2019 to 10.02.2021 of Account No. 570706170000032
Submitted By:
Plaintiff
Relevance:
This document shows the recent statement of the loan account.
Reference:
Ext.A11
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 Smt. Radha Joshy regarding realization of money
Case Code Year
Case between Union Bank of India vs Smt. Radha Joshy regarding realization of money