Case Summary
UCO Bank is seeking to recover a total of Rs.7,99,871 from the defendant, Biju. S., due to non-repayment of loans. The defendant did not appear in court, resulting in an ex parte judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.7,99,871 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.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the bank to recover the loan amount with interest.
Why Plaintiff Won:
The plaintiff bank established their case through unchallenged evidence.
The plaintiff bank established their case through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff bank established their case through unchallenged evidence.
The plaintiff bank established their case through unchallenged evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff bank, the plaintiff has established their case.
Judgment Evidence:
In the result, suit is decreed as follows: The plaintiff is hereby entitled to realize Rs.7,99,871/- (Rupees Seven Lakhs Ninety Nine Thousand Eight Hundred and Seventy One 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, Varkala Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Biju. S.
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Loan applications, sanction letters, hypothecation documents, and additional statements of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. H. Sumanas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. R. Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.7,99,871/- from the defendant with interest.
Evidence:
So this court is having no hesitation to hold that the plaintiff is entitled to realize the amount of Rs.7,99,871/- (Rupees Seven Lakhs Ninety Nine Thousand Eight Hundred and Seventy One only) with interest.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to realize costs of the proceedings from the defendant.
Evidence:
The plaintiff is also entitled to realize costs of the proceedings from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The document is the loan application dated 14.10.2019 submitted by the defendant.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The document is the loan application dated 01.01.2020 submitted by the defendant.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
The document is the sanction letter dated 01.11.2019 issued by the plaintiff bank for the loan.
Reference:
Ext.A3
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
The document is the sanction letter dated 04.01.2020 issued by the plaintiff bank for the loan.
Reference:
Ext.A4
Document Type:
Hypothecation of Goods
Submitted By:
Plaintiff
Relevance:
The document is the hypothecation of goods to secure a demand cash credit dated 02.11.2019 executed by the defendant.
Reference:
Ext.A5
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The document is the demand promissory note dated 02.11.2019 executed by the defendant.
Reference:
Ext.A6
Document Type:
Confirmation letter
Submitted By:
Plaintiff
Relevance:
The document is the confirmation letter dated 02.11.2019 executed by the defendant.
Reference:
Ext.A7
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
The document is the agreement relating to the term loan.
Reference:
Ext.A8
Document Type:
Hypothecation of Goods
Submitted By:
Plaintiff
Relevance:
The document is the hypothecation of goods to secure demand cash credit dated 04.01.2020 executed by the defendant.
Reference:
Ext.A9
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document is the copy of lawyer notice dated 19.10.2022 sent to the defendant.
Reference:
Ext.A10
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The document is the copy of postal receipt dated 19.10.2022 regarding the lawyer notice.
Reference:
Ext.A11
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The document is the statement of account showing the transactions related to the loans.
Reference:
Ext.A12
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The document is the statement of account dated 06.10.2022 relevant to the loans.
Reference:
Ext.A13
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, Varkala Branch vs Biju. S. regarding loan recovery.
Case Code Year
Case between UCO Bank, Varkala Branch vs Biju. S. regarding loan recovery.