Case Summary
UCO Bank filed a suit against Anu.K and Sibili. S.S for the recovery of a loan amounting to Rs.1,45,145 due to default in repayment. The defendants did not appear in court, and the bank sought to recover the owed amount with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.1,45,145 with interest and costs of the proceedings.
Case Type
Original Suit
Final Judgment
No
The court decreed that UCO Bank is entitled to recover Rs.1,45,145 from the defendants, along with accrued interest from the date of the suit.
Why Plaintiff Won:
The plaintiff established their case through unchallenged oral and documentary evidence.
The plaintiff established their case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established their case through unchallenged oral and documentary evidence.
The plaintiff established their case through unchallenged oral and documentary 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: 1. The plaintiff is hereby entitled to realize Rs.1,45,145/- (Rupees One Lakh Forty Five Thousand One Hundred and Forty Five only) from the defendant...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- UCO Bank
- Relation
- represented by the Manager
- Party Role
- Defendant
- Party Name
- Anu.K
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sibili. S.S
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Loan application dated 24.05.2022, Sanction letter dated 24.05.2022, Agreement relating to term loan dated 24.05.2022, Demand promissory note dated 24.05.2022, Waiver letter dated 24.05.2022, Composition deed of hypothecation dated 24.05.2022, Guarator’s declaration dated 24.05.2022, Guarantee agreement dated 24.05.2022, Copy of lawyer notice dated 05.02.2024, Postal receipts.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. H. Sumanas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs.1,45,145/- from the defendant.
Evidence:
the plaintiff is entitled to realize Rs.1,45,145/- (Rupees One Lakh Forty Five Thousand One Hundred and Forty Five only) from the defendant with 9% interest from the date of suit till the date of decree
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the proceedings.
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:
Loan application made by the first defendant for a loan of Rs.1,50,000/-.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Official sanction letter for the loan issued by the plaintiff bank.
Reference:
Ext.A2
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement relating to the term loan executed by the defendants.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Demand promissory note signed by the defendants.
Reference:
Ext.A4
Document Type:
Waiver Letter
Submitted By:
Plaintiff
Relevance:
Waiver letter executed by the defendants.
Reference:
Ext.A5
Document Type:
Composition Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Deed of hypothecation executed by the defendants.
Reference:
Ext.A6
Document Type:
Guarantor's Declaration
Submitted By:
Plaintiff
Relevance:
Declaration by the guarantor for the loan.
Reference:
Ext.A7
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Guarantee agreement signed by the defendants.
Reference:
Ext.A8
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent to the defendants demanding loan repayment.
Reference:
Ext.A9
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts evidencing the sending of lawyer notice.
Reference:
Ext.A10(series)
Document Type:
Statement of Account and Certificate
Submitted By:
Plaintiff
Relevance:
Statement of account and certificate related to the loan.
Reference:
Ext.A11(series)
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 vs Anu.K et al regarding loan repayment
Case Code Year
Case between UCO Bank vs Anu.K et al regarding loan repayment