Case Summary
The plaintiff, Union Bank of India, provided loans to the defendant, M/s. Prabija Boutique, for setting up a manufacturing unit. The defendant failed to repay the loans, leading to this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.6,97,219.23 with interest.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing recovery of the outstanding loan amount plus interest.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the loan agreement and the defendant's default.
The plaintiff provided sufficient evidence of the loan agreement and the defendant's default.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the loan agreement and the defendant's default.
The plaintiff provided sufficient evidence of the loan agreement and the defendant's default.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff shall be entitled to realize Rs.6,97,219.23 from the defendant with interest.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- M/s. Prabija Boutique, Proprietor, Mrs. Prabija. K. K
- Party Age
- 42
- Relation
- D/o
Plaintiffs Documents
Sanction letter dated 08.03.2023, Composite Hypothecation Deed, General Term Loan Agreement, Demand Promissory Note, Interest agreement, Copy of recall notice, Certified copy of statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Swapna. C. P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rithikalal. T
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the loan amount with interest.
Evidence:
In the result, the suit is decreed as follows: The plaintiff shall be entitled to realize Rs.6,97,219.23...
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document evidences the sanction of the loan by the bank to the defendant.
Reference:
Ext.A1
Document Type:
Composite hypothecation deed
Submitted By:
Plaintiff
Relevance:
This document establishes the hypothecation of assets for the loan.
Reference:
Ext.A2
Document Type:
General term loan agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms agreed upon between the bank and the defendant.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note indicates the borrower's promise to pay back the loan amount.
Reference:
Ext.A4
Document Type:
Interest Agreement
Submitted By:
Plaintiff
Relevance:
This document indicates the interest terms applicable to the loan.
Reference:
Ext.A5
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
These letters serve as assurance from the borrower regarding the loan.
Reference:
Ext.A6, Ext.A7
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
This notice demands repayment of the outstanding loan amount.
Reference:
Ext.A8
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document provides proof of receipt of the recall notice by the defendant.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement details the transactions and current balance of the loan account.
Reference:
Ext.A10
Document Type:
Statement of Unapplied Interest
Submitted By:
Plaintiff
Relevance:
This document reflects the interest that has not been applied to the defendant's account.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
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 M/s. Prabija Boutique regarding recovery of money
Case Code Year
Case between Union Bank of India vs M/s. Prabija Boutique regarding recovery of money