Case Summary
M/s. Uco Bank filed a suit against Mr.Mani for the recovery of due loan amount after he failed to repay the agricultural credit loan. The defendant had acknowledged the loan liability but did not respond to the plaintiff's demand for payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs.1,86,776 with future interest at 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The court directed the defendant to pay a total of Rs.1,86,776 along with interest to the plaintiff.
Why Plaintiff Won:
The plaintiff proved his case based on the evidence and documents submitted.
The plaintiff proved his case based on the evidence and documents submitted.
Losing Side's Weaknesses:
The plaintiff proved his case based on the evidence and documents submitted.
The plaintiff proved his case based on the evidence and documents submitted.
Supporting Evidence
The evidence of PW1 and the documents produced by him remains unchallenged. As such, I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: 1) The defendant is directed to pay an amount of Rs.1,86,776 with future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Uco Bank
- Party Role
- Defendant
- Party Name
- Mr.Mani
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Original loan application, Original sanction communication, Composite Deed of Hypothecation agreement executed by defendant, Demand Promissory note of Rs.1,50,000, Letter of Wavier Original, Letter of continuity, Acknowledgment of Debt, Copy of the statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.A.Gireesh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the amount due along with interest from the defendant.
Evidence:
The defendant is directed to pay an amount of Rs.1,86,776/- (Rupees one lakh eighty six thousand seven hundred seventy six only) with future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
Recovery of costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application for agricultural credit loan submitted by the defendant.
Reference:
Ext.A1
Document Type:
Sanction Communication
Submitted By:
Plaintiff
Relevance:
Original communication regarding the sanction of the loan facility to the defendant.
Reference:
Ext.A2
Document Type:
Composite Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendant for hypothecating the loan amount.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the defendant for the loan amount.
Reference:
Ext.A4
Document Type:
Letter of Wavier
Submitted By:
Plaintiff
Relevance:
Letter waiving presentation of the demand promissory note.
Reference:
Ext.A5
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Letter executed by the defendant ensuring continuity of the loan agreement.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of liability by the defendant regarding the loan.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Copy of the statement of account showing the amounts due from the defendant.
Reference:
Ext.A8
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 Loan
Case Code
Case between M/s. Uco Bank vs Mr.Mani regarding realisation of money
Case Code Year
Case between M/s. Uco Bank vs Mr.Mani regarding realisation of money