Case Summary
The Union Bank of India filed a suit against Shani Jewellery and its partners for the recovery of outstanding loans. The court found that the defendants had defaulted on their repayment obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall jointly and severally pay amounts due to the plaintiff with specified interest rates.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amounts with interest.
Why Plaintiff Won:
The plaintiff successfully proved the case with sufficient documentary evidence indicating the due amounts.
The plaintiff successfully proved the case with sufficient documentary evidence indicating the due amounts.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1, supported by the documentary evidence, stands unchallenged. As such this court finds that the plaintiff has succeeded to prove his case...
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendants shall jointly and severally pay an amount of Rs.8,91,405/- to the plaintiff with interest at the rate of 11.05% per annum...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Shani Jewellery
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sulaiman V.
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shabjan V.
- Relation
- S/o
Plaintiffs Documents
Loan application for PMRY submitted by M/s.Shani Jewellery, Memorandum of loan sanction letter, Demand promissory note, Term loan agreement, Interest agreement, Declaration of partnership, Letter of Guarantee.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smitha Dharmaraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants shall jointly and severally pay an amount of Rs.8,91,405/- to the plaintiff with interest.
Evidence:
The defendants shall jointly and severally pay an amount of Rs.8,91,405/- (Rupees eight lakhs ninety one thousand four hundred and five only) to the plaintiff with interest at the rate of 11.05% per annum from 01.01.2024 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants shall jointly and severally pay an amount of Rs.74,733/- to the plaintiff with interest.
Evidence:
The defendants shall jointly and severally pay an amount of Rs.74,733/- (Rupees seventy four thousand seven hundred and thirty three only) to the plaintiff with interest @ 7.5% per annum from 01.01.2024 till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff shall also be entitled to realise the costs of the suit.
Evidence:
Cost of the suit shall follow the event.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application for PMRY submitted by M/s.Shani Jewellery to Union Bank of India.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Memorandum of loan sanction letter issued by Union Bank of India in favour of Shani Jewellery.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Demand promissory note for Rs.8 Lakhs issued by Shani jewellery in favour of Union Bank of India.
Reference:
Ext.A3
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Term loan agreement entered into between Shani jewellery and Union Bank of India.
Reference:
Ext.A4
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Interest agreement entered by Shani Jewellery in favour of Union Bank of India.
Reference:
Ext.A5
Document Type:
Declaration of partnership
Submitted By:
Plaintiff
Relevance:
Declaration of partnership executed by Shani Jewellery in favour of Union Bank of India.
Reference:
Ext.A6
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Letter of Guarantee issued by Shani Jewellery to Union Bank of India.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Copy of Statement of Account of Shani Jewellery issued by Union Bank of India.
Reference:
Ext.A8, A9
Document Type:
Composite debit balance confirmation
Submitted By:
Plaintiff
Relevance:
Composite debit balance confirmation issued by Union Bank in favour of Shani Jewellery.
Reference:
Ext.A10, A11
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice issued by Adv. Smitha Dharmaraj to M/s. Shani Jewellery and others.
Reference:
Ext.A12
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts relevant to the case.
Reference:
Ext.A13
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards related to communication with the defendants.
Reference:
Ext.A14, A15
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Unclaimed Postal Cover relating to the case.
Reference:
Ext.A16
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Union Bank of India et al vs Shani Jewellery et al regarding realisation of money
Case Code Year
Case between Union Bank of India et al vs Shani Jewellery et al regarding realisation of money