Case Summary
The plaintiff, Union Bank of India, filed a suit against the defendant, Mr. Abdul Tharis, for the recovery of a loan amount. The defendant failed to repay the amount owed to the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay a sum of Rs.2,57,082/- to the plaintiff with interest at the rate of 12 per cent and future interest at the rate of 6 per cent.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the claimed amount with interest.
Why Plaintiff Won:
The plaintiff provided sufficient evidence to establish the debt.
The plaintiff provided sufficient evidence to establish the debt.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence to establish the debt.
The plaintiff provided sufficient evidence to establish the debt.
Supporting Evidence
The evidence of the PW1 to PW4 is consistent regarding the execution of the documents. The plaintiff bank has adduced all possible evidence to prove their case.
Judgment Evidence:
In the result, the defendant shall pay a sum of Rs.2,57,082/- (Rupees Two lakh fifty seven thousand and eighty two only) to the plaintiff with interest at the rate of 12 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Abdul Tharis
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Hypothecation agreement, Demand promissory note, Composite Debt Balance confirmation.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Smitha Dharmaraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.B.M.Shamsudheen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs.2,57,082/- from the defendant.
Evidence:
The defendant shall pay a sum of Rs.2,57,082/- Rupees Two lakh fifty seven thousand and eighty two only) to the plaintiff.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff sought interest on the recovery amount.
Evidence:
With interest at the rate of 12 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of proceedings to be paid by the defendant to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the hypothecation agreement executed by the defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the demand promissory note executed by the defendant.
Reference:
Ext.A2
Document Type:
Hypothecation agreement of goods and debts
Submitted By:
Plaintiff
Relevance:
Document evidencing the hypothecation agreement renewed by the defendant.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the renewed demand promissory note executed by the defendant.
Reference:
Ext.A4
Document Type:
Composite debt balance confirmation
Submitted By:
Plaintiff
Relevance:
Confirmation of debt acknowledgment by the defendant.
Reference:
Ext.A5
Document Type:
Composite debt balance confirmation
Submitted By:
Plaintiff
Relevance:
Confirmation of debt acknowledgment by the defendant.
Reference:
Ext.A6
Document Type:
Computerised statement of account
Submitted By:
Plaintiff
Relevance:
Document evidencing the account statement of the defendant's loan.
Reference:
Ext.A7
Document Type:
Computerised statement of account
Submitted By:
Plaintiff
Relevance:
Document evidencing the account statement of the defendant's loan.
Reference:
Ext.A8
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Document notifying the defendant about the outstanding loan balance.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India et al vs Mr. Abdul Tharis regarding realization of money
Case Code Year
Case between Union Bank of India et al vs Mr. Abdul Tharis regarding realization of money