Case Summary
The plaintiff, Union Bank of India, claims that the defendant, Mr.Manoj Kumar, has defaulted on a loan of Rs. 7,50,000/- taken for business purposes. The bank seeks to recover the amount due along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 8,27,850.50/- along with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the dues from the defendant.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff supported the claim for recovery.
The unchallenged evidence of the plaintiff supported the claim for recovery.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff supported the claim for recovery.
The unchallenged evidence of the plaintiff supported the claim for recovery.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A7 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of Rs. 8,27,850.50/- from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr.Manoj Kumar
- Party Age
- 54
- Relation
- S/o.
Plaintiffs Documents
Demand Promissory note, Term Loan agreement, Letter of continuity, Interest agreement, Letter of Undertaking, Copy of lawyer notice, Bank account statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Usha.M.E
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Suma.P.T
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the loan amount along with interest.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 8,27,850.50/- (Rupees eight lakhs twenty seven thousand eight hundred and fifty and fifty paise only) from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the amount the defendant borrowed from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
This document specifies the terms under which the loan was provided.
Reference:
Ext.A2
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
This document reaffirms the continuity of the loan agreement.
Reference:
Ext.A3
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
This document details the interest terms applicable to the loan.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document is an agreement not to sell the hypothecated goods.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the notice sent to the defendant regarding repayment.
Reference:
Ext.A6
Document Type:
Copy of Bank Account Statement
Submitted By:
Plaintiff
Relevance:
This document provides a record of the monetary transactions related to the loan.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Union Bank of India vs Mr.Manoj Kumar regarding realisation of money.
Case Code Year
Case between Union Bank of India vs Mr.Manoj Kumar regarding realisation of money.