Case Summary
The plaintiff, Union Bank of India, filed a suit against the defendant, Athira M.A, for the realization of a loan amount due to default in repayment. The case was heard ex-parte due to the defendant's absence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of amount of ₹2,43,663.49/- with interest at the rate of 6% per annum and recovery of costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to realize the outstanding loan amount from the defendant. The defendant failed to appear and discharge their liability.
Why Plaintiff Won:
The plaintiff successfully established the liability of the defendant through unchallenged oral and documentary evidence.
The plaintiff successfully established the liability of the defendant through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff successfully established the liability of the defendant through unchallenged oral and documentary evidence.
The plaintiff successfully established the liability of the defendant through unchallenged oral and documentary evidence.
Supporting Evidence
The documents submitted clearly demonstrate the defendant’s liability to repay the said amount and there is no evidence on record to suggest that the defendant has discharged her liability.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹2,43,663.49/- (Rupees Two Lakhs Forty-Three Thousand Six Hundred Sixty-Three and Forty-Nine Paise only) with interest at the rate of 6% per annum from the date of the suit until the date of realization, from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- represented by its Branch Manager
- Party Role
- Defendant
- Party Name
- Athira M.A
Plaintiffs Documents
Original letter of Authority, Original Demand Promissory Note, Letter of continuity AD-09(M), Original interest agreement, Original Hypothecation(Vehicle) agreement, Advocate Notice, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G.Ajithkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.V. Shravan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹2,43,663.49 with interest at the rate of 6% per annum.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹2,43,663.49/- (Rupees Two Lakhs Forty-Three Thousand Six Hundred Sixty-Three and Forty-Nine Paise only) with interest at the rate of 6% per annum from the date of the suit until the date of realization, from the defendant and her assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of this suit from the defendant and her assets.
Evidence:
In the result; the suit is decreed as follows: (b) The plaintiff is also entitled to recover the costs of this suit from the defendant and her assets.
Documents & Evidence
Document Type:
Letter of authority
Submitted By:
Plaintiff
Relevance:
Original letter of authority in favour of PW1.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original Demand Promissory Note dated 31/10/2023.
Reference:
Ext.A2
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Letter of continuity AD-09(M) dated 31/10/2023 signed by the defendant.
Reference:
Ext.A3
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
Original Interest Agreement dated 31/10/2023.
Reference:
Ext.A4
Document Type:
Hypothecation (Vehicle) Agreement
Submitted By:
Plaintiff
Relevance:
Original Hypothecation (Vehicle) Agreement dated 31/10/2023.
Reference:
Ext.A5
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer’s notice dated 15/05/2024.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Corresponding postal receipt for the lawyer’s notice.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card for the lawyer’s notice.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of Account accompanied by the certificate issued under the Bankers’ Books Evidence Act.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2024