Case Summary
The case involves Union Bank of India seeking recovery of a business loan amount from Step Well Footwear and Bags. The defendants failed to repay the loan and the bank is entitled to the claimed amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants directed to pay Rs.4,62,097/- with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the loan amount with interest and costs.
Why Plaintiff Won:
Plaintiff proved the borrowing and default through testimony and documents
Plaintiff proved the borrowing and default through testimony and documents
Losing Side's Weaknesses:
Plaintiff proved the borrowing and default through testimony and documents
Plaintiff proved the borrowing and default through testimony and documents
Supporting Evidence
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A12.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants are directed to pay jointly and severally Rs.4,62,097/-(Four lakhs sixty two thousand and ninety seven) to the plaintiff with an interest at the rate of 7% till the date of decree...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India, Petta Branch
- Relation
- Rep. By its Chief Manager
- Party Role
- Plaintiff
- Party Name
- Murugeswari M.
- Relation
- D/o. Mariappan
- Party Role
- Defendant
- Party Name
- Step Well Footwear and Bags
- Relation
- Rep. By D2 proprietor Nikhila
- Party Role
- Defendant
- Party Name
- Nikhila Aji
- Party Age
- 40
- Relation
- D/o. Lakshmanan
Plaintiffs Documents
Original Loan application, Original sanction letter, Original demand promissory note, Original term loan agreement, Original letter to guarantee, Original letter of continuity, Original interest agreement, Account statement, Copy of lawyer notice, Postal receipt, Acknowledgment card, Undelivered cover
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Smitha Dharmaraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. T. Sunitha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay Rs.4,62,097 with interest.
Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay jointly and severally Rs.4,62,097/-(Four lakhs sixty two thousand and ninety seven) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
The defendants are directed to pay the costs of the suit.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document was used to demonstrate the initial borrowing by the defendants.
Reference:
Ext.A1
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
This document shows the approval of the loan extended to the defendants.
Reference:
Ext.A2
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is evidence of the defendants' promise to repay the loan.
Reference:
Ext.A3
Document Type:
Original term loan agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms and conditions of the loan.
Reference:
Ext.A4
Document Type:
Original letter to guarantee
Submitted By:
Plaintiff
Relevance:
This document serves as a guarantee from the defendants for the loan.
Reference:
Ext.A5
Document Type:
Original letter of continuity
Submitted By:
Plaintiff
Relevance:
This document indicates the continuation of the loan agreement.
Reference:
Ext.A6
Document Type:
Original interest agreement
Submitted By:
Plaintiff
Relevance:
This document details the interest rates applicable to the loan.
Reference:
Ext.A7
Document Type:
Account statement for the period from 15-12-2023 to 10-09-2024
Submitted By:
Plaintiff
Relevance:
This document provides a summary of transactions related to the loan account.
Reference:
Ext.A8
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the loan amount and its status.
Reference:
Ext.A8(a)
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document indicates the legal notification sent to the defendants regarding the default.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the legal notice.
Reference:
Ext.A10
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document provides additional proof of sending the legal notice.
Reference:
Ext.A10(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the legal notice by the defendants.
Reference:
Ext.A11
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
This document indicates that the legal notice could not be delivered to the defendants.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Union Bank of India et al vs Step Well Footwear and Bags et al regarding realisation of money
Case Code Year
Case between Union Bank of India et al vs Step Well Footwear and Bags et al regarding realisation of money