Case Summary
This case involves M/S.UCO Bank and defendants Mrs.Surya Bindu.U.C and Mr.Sasidharan.T regarding a loan granted for purchasing Milch animals. The defendants defaulted on the repayment of the loan, leading to this suit filed by the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay an amount of Rs.8,16,097 with future interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay an amount of Rs.8,16,097 along with future interest and costs.
Why Plaintiff Won:
The plaintiff proved their case through unchallenged evidence and documents.
The plaintiff proved their case through unchallenged evidence and documents.
Losing Side's Weaknesses:
The plaintiff proved their case through unchallenged evidence and documents.
The plaintiff proved their case through unchallenged evidence and documents.
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:
The suit is decreed as follows: 1)The defendants are directed to pay an amount of Rs.8,16,097 (Rupees eight lakhs sixteen thousand and ninety seven only) with future interest at 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/S.UCO Bank
- Party Role
- Defendant
- Party Name
- Mrs.Surya Bindu.U.C
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr.Sasidharan.T
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Loan Application, Original Deed of hypothecation cum agreement for agricultural loan, Original acknowledgment of liability, Sanction Letter, Original letter of guarantee, Copy of the recalling notice, Certified copy of the statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.A.Gireesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manju N.R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.T.P. Jayakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the loan amount along with future interest and costs.
Evidence:
The defendants are directed to pay an amount of Rs.8,16,097- (Rupees eight lakhs sixteen thousand and ninety seven only) with future interest at 12% per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was submitted as part of the evidence proving the loan application for purchasing Milch animals.
Reference:
Ext.A1
Document Type:
Hypothecation cum Agreement for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
This document details the terms of the loan sanctioned, evidencing the agreement between the plaintiff and the first defendant.
Reference:
Ext.A2
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
This document serves as acknowledgment by the defendants of their liability towards the loan.
Reference:
Ext.A3
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This letter confirms the sanction of the loan amount to the first defendant.
Reference:
Ext.A4
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
This document is a guarantee executed by the second defendant to secure the loan taken by the first defendant.
Reference:
Ext.A5
Document Type:
Copy of the Recalling Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the plaintiff to recall the loan after default in payments.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts are part of the evidence concerning the sending of the recalling notice.
Reference:
Ext.A6(a)
Document Type:
Certified Copy of the Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides an account statement that evidences the payment history and outstanding amount.
Reference:
Ext.A7
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 M/S.UCO Bank vs Mrs.Surya Bindu.U.C et al regarding loan recovery.
Case Code Year
Case between M/S.UCO Bank vs Mrs.Surya Bindu.U.C et al regarding loan recovery.