Case Summary
Union Bank of India filed a suit against Muhammed Shanavas T.V. for recovery of a loan amount of Rs.39,528/- due to non-payment. The defendant was absent during the court proceedings and was called ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs.7988.76/- with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant shall pay Rs.7988.76/- to the plaintiff with interest. The plaintiff is also entitled to the costs of the suit.
Why Plaintiff Won:
The plaintiff successfully proved the case based on evidence.
The plaintiff successfully proved the case based on evidence.
Losing Side's Weaknesses:
The plaintiff successfully proved the case based on evidence.
The plaintiff successfully proved the case based on evidence.
Supporting Evidence
The evidence of PW1, supported by the documentary evidence, stands unchallenged. As such this court finds that the plaintiff has succeeded to prove the case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant shall pay an amount of Rs.7988.76/- (Rupees seven thousand nine hundred and eighty eight and paise seventy six only) to the plaintiff with present rate of interest @ 8.30% per annum from 14.06.2024 with penal interest @ 2% per annum till the date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Muhammed Shanavas T.V.
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Loan application, Sanction letter, Demand promissory, General term loan agreement, Letter of continuity, Letter of consent, Statement of account, Lawyer notice, Postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Smitha Dharmaraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Sunitha T.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount.
Evidence:
Thus the plaintiff is entitled to realise Rs.7988.76/- (Rupees seven thousand nine hundred and eighty eight and paise seventy six only) with present rate of interest @ 8.30% per annum from 14.06.2024 with penal interest @ 2% per annum till the date of realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs of the suit.
Evidence:
Cost of the suit shall follow the event.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
To establish the defendant's application for a loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
To show the loan was sanctioned by the bank.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
To indicate the defendant's promise to repay the loan.
Reference:
Ext.A3
Document Type:
General term loan agreement
Submitted By:
Plaintiff
Relevance:
To detail the terms of the loan agreement between the parties.
Reference:
Ext.A4
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
To confirm the continuity of the agreement.
Reference:
Ext.A5
Document Type:
Letter of Consent
Submitted By:
Plaintiff
Relevance:
To confirm the defendant's consent to the loan terms.
Reference:
Ext.A6
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
To show the outstanding amount due from the defendant.
Reference:
Ext.A7
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
To demonstrate that legal notice for repayment was issued.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
To provide proof of the notice sent.
Reference:
Ext.A9
Document Type:
Returned unclaimed registered cover
Submitted By:
Plaintiff
Relevance:
To show that the notice was unclaimed.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
To confirm the updated balance due from the defendant.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of Loan
Case Code
Case between Union Bank of India vs Muhammed Shanavas T.V. regarding recovery of loan amount.
Case Code Year
Case between Union Bank of India vs Muhammed Shanavas T.V. regarding recovery of loan amount.