Case Summary
M/s Union Bank of India filed a suit against Arunlal. S. for the recovery of a loan amount along with interest. The defendant failed to repay the loan as per the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize `5,91,579/- with 9% interest from the date of suit till the date of decree and 6% interest from the date of decree till realization. Plaintiff is also entitled to costs of the suit.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the claimed amount with interest. The defendant was also directed to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff bank established that the defendant committed default in repaying the loan.
The plaintiff bank established that the defendant committed default in repaying the loan.
Losing Side's Weaknesses:
The plaintiff bank established that the defendant committed default in repaying the loan.
The plaintiff bank established that the defendant committed default in repaying the loan.
Supporting Evidence
On going through the oral evidence and Exts.A1 to A21 documentary evidence this court is of the view that the plaintiff bank has established that the plaintiff bank is entitled to realize the amount claimed in the suit with interest.
Judgment Evidence:
In the result, suit is decreed as follows: The plaintiff is entitled to realize `5,91,579/- (Rupees Five Lakhs Ninety One Thousand Five Hundred and Seventy Nine only) with 9% interest from the date of suit till the date of decree and 6% interest from the date of decree till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Union Bank of India
- Party Role
- Defendant
- Party Name
- Arunlal. S.
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Sanction Letter dated 13/06/2017, Demand promissory Note dated 13/06/2017, Interest agreement dated 13/06/2017, Letter of continuity dated 13/06/2017, Hypothecation of Vehicle agreement dated 13/06/2017
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri G.K. Pradeep Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the loan amount with interest.
Evidence:
The plaintiff bank has established that the plaintiff bank is entitled to realize the amount claimed in the suit with interest.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit.
Evidence:
The defendant can be directed to pay costs of the proceeding to the plaintiff.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document evidences the loan sanction to the defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is evidence of the defendant's obligation to repay the loan.
Reference:
Ext.A2
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the interest terms for the loan.
Reference:
Ext.A3
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
This document is a formal declaration of the continuity of the loan agreement.
Reference:
Ext.A4
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
This document is also a formal declaration of the continuity of the loan agreement.
Reference:
Ext.A5
Document Type:
Hypothecation of vehicle agreement
Submitted By:
Plaintiff
Relevance:
This document secures the loan against the specified vehicle.
Reference:
Ext.A6
Document Type:
Annexure -1 Format
Submitted By:
Plaintiff
Relevance:
This document likely contains specific formats related to the loan.
Reference:
Ext.A7
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document confirms the defendant's commitment to the terms of the loan.
Reference:
Ext.A8
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document serves as a notice of the claim to the defendant.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is proof of mailing the advocate notice.
Reference:
Ext.A10
Document Type:
Postal Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of receipt of the advocate notice.
Reference:
Ext.A11
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the financial details of the loan.
Reference:
Ext.A12
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the obligation for the second loan.
Reference:
Ext.A13
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
This document is the formal agreement for the second loan.
Reference:
Ext.A14
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
This document is a formal declaration of the continuity of the second loan agreement.
Reference:
Ext.A15
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
This document is another declaration of continuity related to the second loan.
Reference:
Ext.A16
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document confirms the defendant's commitment to the terms of the second loan.
Reference:
Ext.A17
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document serves as a notice of the claim related to the second loan.
Reference:
Ext.A18
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is proof of mailing the advocate notice for the second loan.
Reference:
Ext.A19
Document Type:
Postal Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of receipt of the second advocate notice.
Reference:
Ext.A20
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the financial details of the second loan.
Reference:
Ext.A21
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Non-payment of rent
Case Code
Case between M/s Union Bank of India vs Arunlal. S. regarding realization of loan amount
Case Code Year
Case between M/s Union Bank of India vs Arunlal. S. regarding realization of loan amount