Case Summary
The case involves Union Bank of India as the plaintiff claiming that Sunitha Sujith, the defendant, has failed to repay a loan. The plaintiff seeks to recover an amount of ₹7,98,508.72 from the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹7,98,508.72 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, and the defendant is directed to pay the claimed amount along with interest.
Why Plaintiff Won:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 7,98,508.72/- with interest at the rate of 6% per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sunitha Sujith
- Relation
- D/o
Plaintiffs Documents
Demand Promissory Note, Letter of undertaking from the borrower, Letter of continuity, Interest Agreement, Term Loan Agreement, Composite debit balance confirmation, Office copy of Lawyer Notice, Returned Postal Envelope, Computer printout of Statement of Account for the period from 26.04.2018 to 31.05.2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.K Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.M Biju
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.M Fathima
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the plaintiff an amount of 7,98,508.72/- with interest.
Evidence:
I. The defendant is directed to pay to the plaintiff, an amount of 7,98,508.72/- (Rupees seven lakhs ninety eight thousand five hundred and eight and seventy two paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the 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:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document demonstrates the defendant's promise to repay the loan to the plaintiff.
Reference:
Ext.A1
Document Type:
Letter of undertaking from the borrower
Submitted By:
Plaintiff
Relevance:
This letter confirms the obligations undertaken by the borrower regarding the loan.
Reference:
Ext.A2
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
This letter shows the ongoing commitment of the defendant to the loan agreement.
Reference:
Ext.A3
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms under which interest would be charged on the loan.
Reference:
Ext.A4
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
This agreement details the terms of the loan availed by the defendant.
Reference:
Ext.A5
Document Type:
Composite debit balance confirmation
Submitted By:
Plaintiff
Relevance:
This document confirms the outstanding balance of the loan.
Reference:
Ext.A6
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice serves as a formal communication regarding the outstanding payment.
Reference:
Ext.A7
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
This envelope indicates the delivery attempt of corresponding documents.
Reference:
Ext.A8
Document Type:
Computer printout of Statement of Account for the period from 26.04.2018 to 31.05.2021
Submitted By:
Plaintiff
Relevance:
This statement provides a detailed account of transactions related to the loan.
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
Recovery of money
Case Code
Case between Union Bank of India vs Sunitha Sujith regarding realisation of money
Case Code Year
Case between Union Bank of India vs Sunitha Sujith regarding realisation of money