Case Summary
UCO Bank has filed a suit against Ajimol.A and others for the recovery of an education loan amounting to `2,49,668.72 with interest. The defendants have not appeared in court, leading to an ex parte judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
`2,49,668.72 with 12% interest from the date of suit till the date of decree and thereafter 6% interest till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff bank is entitled to recover `2,49,668.72 along with interest from the defendants. Costs of the suit are also to be paid by the defendants.
Why Plaintiff Won:
The plaintiff established their entitlement to the claimed amount through evidentiary submissions and the lack of contest from the defendants.
The plaintiff established their entitlement to the claimed amount through evidentiary submissions and the lack of contest from the defendants.
Losing Side's Weaknesses:
The plaintiff established their entitlement to the claimed amount through evidentiary submissions and the lack of contest from the defendants.
The plaintiff established their entitlement to the claimed amount through evidentiary submissions and the lack of contest from the defendants.
Supporting Evidence
After considering the materials, this court is of the view that the plaintiff bank has established that the plaintiff bank is entitled to realize the amount claimed in the suit with interest.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The plaintiff is entitled to realize `2,49,668.72/- (Rupees Two Lakhs Forty Nine Thousand Six Hundred and Sixty Eight and Seventy two paise only) with 12% interest from the date of suit till the date of decree and thereafter 6% interest till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- UCO Bank (United Commercial Bank)
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Ajimol.A
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mubeena
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nasar
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Loan application, loan sanction letter, education loan agreement, promissory note, waiver letter, guarantee agreement, rescheduling agreement, acknowledgment of debt, advocate notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. H. Sumanas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff granted the right to recover the claimed amount.
Evidence:
The plaintiff bank is entitled to realize `2,49,668.72/- (Rupees Two Lakhs Forty Nine Thousand Six Hundred and Sixty Eight and Seventy two paise only) with 12% interest from the date of suit till the date of decree and thereafter 6% interest till the date of realization.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff granted costs of the suit.
Evidence:
Plaintiff is also entitled to costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendants on 22.09.2014 for the education loan.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Sanctioned on 21.11.2014 for the education loan.
Reference:
Ext.A2
Document Type:
Agreement for Education Loan
Submitted By:
Plaintiff
Relevance:
Executed on 21.11.2014 outlining the loan repayment terms.
Reference:
Ext.A3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed on 21.11.2014 by the defendants, acknowledging loan repayment obligation.
Reference:
Ext.A4
Document Type:
Waiver Letter
Submitted By:
Plaintiff
Relevance:
Executed on 21.11.2014 by the defendants waiving presentment of the promissory note.
Reference:
Ext.A5
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed on 21.11.2014 by the guarantor in favor of the plaintiff bank.
Reference:
Ext.A6
Document Type:
Rescheduling Agreement
Submitted By:
Plaintiff
Relevance:
Executed on 26.08.2019 by the first defendant for loan repayment restructuring.
Reference:
Ext.A7
Document Type:
Rescheduling Agreement of Second Defendant
Submitted By:
Plaintiff
Relevance:
Executed on 26.08.2019 for loan repayment restructuring.
Reference:
Ext.A8
Document Type:
Acknowledgment of debt cum security
Submitted By:
Plaintiff
Relevance:
Executed on 31.03.2022, acknowledging the debt owed to the bank.
Reference:
Ext.A9
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Issued on 05.02.2024 demanding payment to close the loan account.
Reference:
Ext.A10
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Three postal receipts related to the advocate notice.
Reference:
Ext.A11 (series)
Document Type:
Postal Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Two postal acknowledgment cards related to the advocate notice.
Reference:
Ext.A12 (series)
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Showing loan account details for the specified period.
Reference:
Ext.A13
Case Classification
Case Type
Civil 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 (United Commercial Bank) vs Ajimol.A et al regarding education loan recovery
Case Code Year
Case between UCO Bank (United Commercial Bank) vs Ajimol.A et al regarding education loan recovery