Case Summary
This suit is brought by UNION BANK OF INDIA against Ms. J.N Enterprises Footwear Fittings for the realization of an outstanding loan amount. The defendants have failed to repay the loan despite repeated reminders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realise Rs.2,47,440/- (Rupees two lakhs forty seven thousand four hundred and forty only) from the defendant with interest at the rate of 11.05 per cent.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff for the recovery of an outstanding loan amount. The defendants were ordered to pay the due amount along with interest.
Why Plaintiff Won:
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Losing Side's Weaknesses:
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Supporting Evidence
The PW1 has categorically deposed regarding the transaction between the plaintiff company and the defendant.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1.The plaintiff shall be entitled to realise Rs.2,47,440/- (Rupees two lakhs forty seven thousand four hundred and forty only) from the defendant with interest at the rate of 11.05 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- UNION BANK OF INDIA
- Relation
- Rep. by its Chief Manager and Principal Officer, Sandeep T.V. 47 yrs
- Party Role
- Defendant
- Party Name
- Ms. J.N Enterprises Footwear Fittings
- Relation
- Represented by Managing Partner Abdul Jabbar
- Party Role
- Defendant
- Party Name
- Mr. Abdul Jabbar Edakandathil
- Party Age
- 36
- Relation
- S/o. Kunhipocker
- Party Role
- Defendant
- Party Name
- Mr. Pulikkuttiyakath Mullakath Noushad
- Party Age
- 43
- Relation
- S/o. Kammukutty
Plaintiffs Documents
Loan application, Sanction letter issued by the plaintiff Bank, Demand promissory note, Hypothecation agreement executed by defendants issued to plaintiff, Letter of guarantee, Letter continuity by defendant issued to the plaintiff, Letter of declaration of partnership by the defendant issued to the plaintiff, Computerised statement of Accounts with certificate for the period from 29-12-2020 to 19.03.2024 of loan account No.450806390000428, Debit balance confirmation by the defendant of loan A/c No. 450806390000428, Debit balance confirmation by the defendants (SD23) of loan A/c No. 450806390000428, Copy of lawyer notice, Postal Receipt, Acknowledgement card of Defendant No.3, Unserved registered lawyer notice cover.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Smitha Dharmaraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs.2,47,440/- from the defendants.
Evidence:
The suit is decreed as follows: The plaintiff shall be entitled to realise Rs.2,47,440/- (Rupees two lakhs forty seven thousand four hundred and forty only) from the defendant...
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendants for the loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank to sanction the loan.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendants for the loan amount.
Reference:
Ext.A3
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendants to secure the loan.
Reference:
Ext.A4
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Provided by the second and third defendants to guarantee the loan.
Reference:
Ext.A5
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Issued by the defendants to the plaintiff.
Reference:
Ext.A6
Document Type:
Letter of declaration of partnership
Submitted By:
Plaintiff
Relevance:
Declared partnership among the defendants.
Reference:
Ext.A7
Document Type:
Computerised statement of accounts
Submitted By:
Plaintiff
Relevance:
Shows the loan account statements over the specified period.
Reference:
Ext.A8
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
Confirmation of outstanding debit balance by the defendants.
Reference:
Ext.A9
Document Type:
Debit Balance confirmation
Submitted By:
Plaintiff
Relevance:
Another confirmation of outstanding debit balance by the defendants.
Reference:
Ext.A10
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to recall the outstanding balance.
Reference:
Ext.A11
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the registered notice sent to the defendants.
Reference:
Ext.A12
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card confirming receipt by the third defendant.
Reference:
Ext.A13
Document Type:
Unserved registered lawyer notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the first defendant that was unclaimed.
Reference:
Ext.A14
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 vs Ms. J.N Enterprises Footwear Fittings regarding realization of money.
Case Code Year
Case between UNION BANK OF INDIA vs Ms. J.N Enterprises Footwear Fittings regarding realization of money.