Case Summary
This case involves UCO Bank seeking to recover a loan from Suhitha T., who has failed to repay the owed amount despite repeated demands. The plaintiff claims the defendant has defaulted on her loan obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize ₹ 2,54,818/- with 12% interest from the date of suit till the date of decree and 6% interest from the date of decree till date of realization.
Case Type
Civil Suit
Final Judgment
No
The court has ruled in favor of the plaintiff, permitting them to recover the outstanding loan amount along with interest. The defendant is liable to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff established their entitlement to recover the owed loan amount through unchallenged evidence.
The plaintiff established their entitlement to recover the owed loan amount through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff established their entitlement to recover the owed loan amount through unchallenged evidence.
The plaintiff established their entitlement to recover the owed loan amount 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 ₹ 2,54,818/- (Rupees Two Lakhs Fifty Four Thousand Eight Hundred and Eighteen only) from the defendant with 12% 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, Varkala Branch
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Suhitha. T.
- Relation
- D/o
Plaintiffs Documents
Loan application submitted by the defendant on 24/9/2019, Sanction letter dated 16/10/2019, Loan agreement dated 16/10/2019, Demand promissory note dated 16/10/2019, Waiver letter dated 16/10/2019, Composite deed of hypothecation dated 16/10/2019, Acknowledgment of debt and security dated 31/3/2022, Copy of Advocate notice dated 5/2/2024, Postal receipt, Postal acknowledgment card, Statement of account for the period from 16/10/2019 to 7/2/2024.
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:
Plaintiff entitled to recover ₹2,54,818/- from the defendant with interest.
Evidence:
this court is having no hesitation to hold that the plaintiff is entitled to realize the amount of ₹2,54,818/- (Rupees Two Lakhs Fifty Four Thousand Eight Hundred and Eighteen only) with interest.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to costs of the proceedings from the defendant.
Evidence:
Considering the facts and circumstances of the case, this court is of the view that the plaintiff bank can be permitted to realize cost of the proceedings from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document submitted by the defendant requesting the loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Letter from the plaintiff bank sanctioning the loan to the defendant.
Reference:
Ext.A2
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendant agreeing to repay the loan.
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:
Waiver Letter
Submitted By:
Plaintiff
Relevance:
Defendant's waiver of the presentation of the promissory note.
Reference:
Ext.A5
Document Type:
Composite Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document executed by the defendant to secure the loan with hypothecation.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document wherein the defendant acknowledged her liability to the bank.
Reference:
Ext.A7
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by the plaintiff bank to the defendant demanding repayment.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the mailing of documents related to the loan.
Reference:
Ext.A9
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Card confirming the receipt of documents sent by the plaintiff bank.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document summarizing the account transactions related to the loan.
Reference:
Ext.A11
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, Varkala Branch represented by Manager vs Suhitha. T. regarding realization of money
Case Code Year
Case between UCO Bank, Varkala Branch represented by Manager vs Suhitha. T. regarding realization of money