Case Summary
The plaintiff, Union Bank of India, sanctioned a loan to the defendant for purchasing an autorickshaw. The defendant defaulted on the loan repayment, leading the plaintiff to file a suit for the recovery of the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay an amount of Rs.97,077.69 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
Plaintiff's unchallenged evidence proves its case.
Plaintiff's unchallenged evidence proves its case.
Losing Side's Weaknesses:
Plaintiff's unchallenged evidence proves its case.
Plaintiff's unchallenged evidence proves its case.
Supporting Evidence
Plaintiff's unchallenged evidence proves its case and it is entitled to a decree to realise the amount from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs.97,077.69 to the plaintiff with interest at the rate of 6% per annum for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mohanan.G
Plaintiffs Documents
Loan Application dated 20.06.2017, Demand Promissory Note dated 20.06.2017, Hypothecation of Vehicles Agreement dated 20.06.2017, Interest Agreement dated 20.06.2017, Letter of Continuity dated 20.06.2017, Debit Balance Confirmation letter dated 04.03.2022, Copy of legal notice dated 10.03.2022, Postal Receipt dated 11.03.2022, Acknowledgment card, Copy of statement of account dated 09.03.2022, Copy of RC book of vehicle bearing No.KL 01 CC 2547.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. R. Jagadish Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the outstanding loan amount.
Evidence:
Thus, the suit is decreed with costs and defendant shall pay an amount of Rs.97,077.69/- to the plaintiff with interest.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application is part of the documentation supporting the loan sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note serves as a formal promise from the defendant to repay the loan amount.
Reference:
Ext.A2
Document Type:
Hypothecation of Vehicles agreement
Submitted By:
Plaintiff
Relevance:
This agreement secures the loan against the vehicle purchased.
Reference:
Ext.A3
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the interest terms applicable to the loan.
Reference:
Ext.A4
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
This letter confirms the continuity of the loan agreement and terms.
Reference:
Ext.A5
Document Type:
Debit Balance Confirmation letter
Submitted By:
Plaintiff
Relevance:
This document confirms the outstanding balance on the loan as of a specific date.
Reference:
Ext.A6
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
The legal notice was sent to the defendant as a reminder of the loan default.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as proof of sending the legal notice to the defendant.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms receipt of the legal notice by the defendant.
Reference:
Ext.A9
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
This statement summarizes the financial details of the loan account.
Reference:
Ext.A10
Document Type:
Copy of RC Book of Vehicle
Submitted By:
Plaintiff
Relevance:
This document provides evidence of ownership of the vehicle used as security for the loan.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2022