Case Summary
UCO Bank instituted a suit against Unnikrishnan for realization of a loan amount. The plaintiff bank claimed that the defendant failed to repay the loan installments as per the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize ₹ 2,33,216/- with interest and costs of the proceedings.
Case Type
Original Suit
Final Judgment
No
The court decreed that UCO Bank is entitled to realize the loan amount from Unnikrishnan with interest. The court ruled in favor of the plaintiff bank to recover the costs of the proceedings.
Why Plaintiff Won:
Plaintiff established entitlement to realize the money with interest through unchallenged evidence.
Plaintiff established entitlement to realize the money with interest through unchallenged evidence.
Losing Side's Weaknesses:
Plaintiff established entitlement to realize the money with interest through unchallenged evidence.
Plaintiff established entitlement to realize the money with interest through unchallenged evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff bank, the plaintiff has established that they are entitled to realize the money with interest.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The plaintiff is hereby entitled to realize ₹ 2,33,216/- (Rupees Two Lakhs Thirty Three Thousand Two Hundred and Sixteen only) from the defendant with 9% interest from the date of suit till the date of decree and 6% interest from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- UCO Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Unnikrishnan
- Party Age
- 45
Plaintiffs Documents
Sanction letter dated 16/8/2018, Composite deed of hypothecation dated 16/8/2018, Demand promissory note 16/8/2018, Letter of confirmation of execution of promissory note dated 16/8/2019, Copy of Advocate notice dated 17/10/2022, Postal receipt, Statement of account for the period of 16/8/2018 to 1/10/2022, Certificate under section 2A of Banker's Books of Evidence Act.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. H. Sumanas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R. Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹ 2,33,216/- with interest from the defendant.
Evidence:
this court is of the view that the plaintiff bank can be permitted to realize cost of the proceedings from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the proceedings from the defendant.
Evidence:
The plaintiff is also entitled to realize costs of the proceedings from the defendants.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document evidences the loan amount sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Composite Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document confirms the agreement to repay the loan.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document represents a promise by the defendant to repay the loan.
Reference:
Ext.A3
Document Type:
Letter of Confirmation of Execution of Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as confirmation of the execution of the promissory note.
Reference:
Ext.A4
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document shows that the plaintiff demanded closure of the loan.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document evidences the sending of the advocate notice.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document details the financial transactions related to the loan.
Reference:
Ext.A7
Document Type:
Certificate under Section 2A of Banker's Books of Evidence Act
Submitted By:
Plaintiff
Relevance:
This document certifies the statements of account.
Reference:
Ext.A7(a)
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Non-payment of rent
Case Code
Case between UCO Bank et al vs Unnikrishnan regarding realization of money
Case Code Year
Case between UCO Bank et al vs Unnikrishnan regarding realization of money