Case Summary
M/S. UCO Bank is seeking to recover money from the defendants, Firoz.K and Vijayan.M.V, due to default on a loan agreement. The defendants did not appear in court, resulting in the case being heard exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.1,60,768/- and interest at the rate of 6% per annum
Case Type
Original Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, where the defendants are ordered to pay the plaintiff bank an amount along with interest and costs.
Why Plaintiff Won:
The claim of the plaintiff stands proved through affidavits and documents that remain unchallenged.
The claim of the plaintiff stands proved through affidavits and documents that remain unchallenged.
Losing Side's Weaknesses:
The claim of the plaintiff stands proved through affidavits and documents that remain unchallenged.
The claim of the plaintiff stands proved through affidavits and documents that remain unchallenged.
Supporting Evidence
The plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and Exts.A1 to A4 and A6 and A7 documents which remains unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The defendants are jointly and severally directed to pay to the plaintiff bank an amount of Rs.1,60,768/- (One Lakh Sixty Thousand Seven Hundred And Sixty Eight Only).
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/S. UCO Bank
- Relation
- Rep. By its Branch Chief Manager and Principal Officer, Mr.Suil Pathro
- Party Role
- Defendant
- Party Name
- Firoz.K
- Party Age
- 43
- Relation
- S/o.Koyakutty.K
- Party Role
- Defendant
- Party Name
- Vijayan.M.V
- Party Age
- 51
- Relation
- S/o.Jayabalan
Plaintiffs Documents
Loan application, Sanction letter, Agreement, Demand promissory note, Letter of guarantee executed by second defendant
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A.Girish Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Shameena.K.C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay to the plaintiff bank an amount of Rs.1,60,768/-.
Evidence:
The defendants are jointly and severally directed to pay to the plaintiff bank an amount of Rs.1,60,768/-(One Lakh Sixty Thousand Seven Hundred And Sixty Eight Only).
Relief Type:
Injunction
Outcome:
Granted
Description:
The defendants are to pay interest at the rate of 6% per annum from the date of suit till realisation.
Evidence:
The defendants are directed to pay jointly and severally an interest at the rate of 6% per annum from the date of suit till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
The defendants are directed to pay the costs incurred by the plaintiff in the suit.
Evidence:
The defendants are jointly and severally directed to pay the costs incurred by the plaintiff in the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was used to establish the loan request made by the first defendant.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document confirmed the approval of the loan to the first defendant.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document outlined the terms and conditions of the loan agreement.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document served as a promise to repay the loan amount.
Reference:
Ext.A4
Document Type:
Letter of guarantee executed by second defendant
Submitted By:
Plaintiff
Relevance:
This document indicated the second defendant's guarantee for the first defendant's loan.
Reference:
Ext.A6
Document Type:
Statement of waiver
Submitted By:
Plaintiff
Relevance:
This document reflected the waiver of presentation of the demand promissory note.
Reference:
Ext.A7
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between M/S. UCO Bank et al vs Firoz.K et al regarding realisation of money
Case Code Year
Case between M/S. UCO Bank et al vs Firoz.K et al regarding realisation of money