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Commercial Suit No. 26/2024

Case between M/s Uco Bank Mavoor Branch, Kozhikode vs M/s Zenana Metals And Home Needs regarding realisation of money.

Court
Commercial Court of Kozhikode
Judge
Sri.Krishnankutty.K.V
Order Date
2025-06-28
Duration
approximately-1 year 8 days
Case Closed
Sat, 06/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s Uco Bank Mavoor Branch is the plaintiff seeking to recover money from M/s Zenana Metals And Home Needs and other defendants. The defendants were called absent in the proceedings.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendants must pay the plaintiff an amount of ₹19,32,864 with interest. The plaintiff is also entitled to recover the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay an amount of ₹19,32,864 with 9% interest.
Case Type
Commercial Suit
Final Judgment
No
The court decreed that the defendants must pay the plaintiff an amount of ₹19,32,864 with interest. The plaintiff is also entitled to recover the costs of the suit.
Why Plaintiff Won:
The case of the plaintiff stands proved based on the evidence submitted.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on the evidence submitted.
Supporting Evidence
From the facts sworn in the affidavit in support of Ext. A1 to A15 the case of the plaintiff stands proved.

Judgment Evidence:

Hence, the suit is decreed as follows: Defendants are directed to pay the plaintiff an amount of 19,32,864 ₹ /- (Rupees Nineteen Lakhs Thirty Two thousand Eight Hundred and Sixty Four only) with 9% interest from the date of the suit till realisation.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s Uco Bank Mavoor Branch, Kozhikode
Relation
Represented by
Party Role
Defendant
Party Name
M/s Zenana Metals And Home Needs
Relation
Represented by
Party Role
Defendant
Party Name
Faisal
Party Age
45
Relation
S/o
Party Role
Defendant
Party Name
Abdurahiman
Party Age
61
Relation
S/o
Party Role
Defendant
Party Name
Alikutty
Party Age
64
Relation
S/o
Plaintiffs Documents
Original Loan application, Original agreement of hypothication, Composite deed of hypothication, Original Promissory note, Original letter of waiver of presentation of DP note, Original letter of continuity by defendants, Original sanction letter, Copy of demand notice, A/c statement.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.A.Girish kumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.T.P.Jayakumar
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendants are directed to pay the plaintiff an amount of 19,32,864 ₹ with interest.
Evidence:
Hence, the suit is decreed as follows: Defendants are directed to pay the plaintiff an amount of 19,32,864 ₹ /- (Rupees Nineteen Lakhs Thirty Two thousand Eight Hundred and Sixty Four only) with 9% interest from the date of the suit till realisation.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realise the costs of the suit.
Evidence:
Plaintiff is entitled to realise the costs of the suit.

Documents & Evidence

Document Type: Original loan application
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A1
Document Type: Original agreement of hypothication
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A2
Document Type: Composite Deed of Hypothication
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A3
Document Type: Original promissory note
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A4
Document Type: Original letter of waiver of presentation of DP note
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A5
Document Type: Original letter of continuity by defendants
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A6
Document Type: Original Sanction letter
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A7
Document Type: Copy of Demand Notice
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A8
Document Type: Bank Account statement
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A9
Document Type: Original guarantee agreement executed by D3
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A10
Document Type: Original guarantee agreement executed by D4
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A11
Document Type: Original guarantee agreement executed by D2 & D3
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A12
Document Type: Original promissory note by D2
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A13
Document Type: Original promissory note by D4
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A14
Document Type: Original promissory note by D3
Submitted By: Plaintiff
Relevance:
Filed as part of the plaintiff's case for realization of money.
Reference:
Ext.A15

Case Classification

Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between M/s Uco Bank Mavoor Branch, Kozhikode vs M/s Zenana Metals And Home Needs regarding realisation of money.
Case Code Year
Case between M/s Uco Bank Mavoor Branch, Kozhikode vs M/s Zenana Metals And Home Needs regarding realisation of money.

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Thu, 06/20/2024 - 12:00
Case Closed
Sat, 06/28/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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