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O.S. No. 379/2019

Case between M/s UCO Bank vs Chandra Shekaran Nair et al regarding loan repayment

Court
THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR
Order Date
2025-06-13
Duration
approximately-6 years 8 months
Case Closed
Fri, 06/13/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s UCO Bank filed a suit against Chandra Shekaran Nair and Madhu Kumar for the recovery of a loan amounting to Rs. 1,21,808/- due to default in repayment. The court dismissed the suit citing that it was barred by the law of limitation.

Judgment Outcome

Defendant Won
Interim Order
The court found that the suit was barred by the law of limitation and thus dismissed it. No order on costs was made due to the defendants being exparte.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the suit was barred by the law of limitation and thus dismissed it. No order on costs was made due to the defendants being exparte.
Key Reasoning:
The suit was barred by law of limitation as the acknowledgment of debt was not established.
Why Defendant Won:
The suit was barred by law of limitation as the acknowledgment of debt was not established.
Supporting Evidence
Thus the suit is seen filing much belatedly after the period of limitation.

Judgment Evidence:

In the result, suit is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s UCO Bank
Party Role
Defendant
Party Name
Chandra Shekaran Nair
Relation
S/o
Party Role
Defendant
Party Name
Madhu Kumar
Relation
S/o
Plaintiffs Documents
Original Loan Agreement, Hypothecation Agreement, Original guarantee Agreement, Original sanction letter, Statement of account of the loan along with certification, Office copy of demand lawyer's notice
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Pearson S. Fernandez
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Zeena S. Fernandez
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Refused
Description:
Plaintiff sought repayment of the outstanding loan amount.
Evidence:
Since issue No.1 is answered against the plaintiff, accordingly there arises no scope for recovery of plaint claim as sought for by the plaintiff with interest.

Documents & Evidence

Document Type: Loan Agreement
Submitted By: Plaintiff
Relevance:
Original loan agreement dated 20.10.2004 evidencing the sanctioned loan.
Reference:
Ext.A1
Document Type: Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
Original hypothecation agreement dated 20.10.2004 securing the loan with stocks.
Reference:
Ext.A2
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
Original guarantee agreement dated 20.10.2004 executed by the second defendant.
Reference:
Ext.A3
Document Type: Sanction letter
Submitted By: Plaintiff
Relevance:
Original sanction letter dated 20.10.2004 detailing the loan terms.
Reference:
Ext.A4
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
Statement of account of the loan along with certification evidencing outstanding dues.
Reference:
Ext.A5
Document Type: Demand Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Office copy of demand lawyer's notice dated 18.02.2019 requiring repayment.
Reference:
Ext.A6

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s UCO Bank vs Chandra Shekaran Nair et al regarding loan repayment
Case Code Year
Case between M/s UCO Bank vs Chandra Shekaran Nair et al regarding loan repayment

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 03/15/2019 - 12:00
Case Closed
Fri, 06/13/2025 - 12:00
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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