Case Summary
M/s. UCO Bank filed a suit against Lavish EV and Vasudevan Namboothin for the realization of an education loan that was not repaid. The defendants failed to appear in court, and the suit was decreed in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.9,94,779/- and interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, M/s. UCO Bank, allowing them to recover the outstanding loan amount along with interest from the defendants.
Why Plaintiff Won:
The plaintiff's claims were established through uncontroverted evidence.
The plaintiff's claims were established through uncontroverted evidence.
Losing Side's Weaknesses:
The plaintiff's claims were established through uncontroverted evidence.
The plaintiff's claims were established through uncontroverted evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A4 established his case as pleaded by him. The absence of any countervailing evidence to contradict this proof of plaint claim resulted in the plaintiff being entitled to relief as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs.9,94,779/- (Rupees nine lakhs ninety four thousand seven hundred and seventy nine only) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. UCO Bank
- Party Role
- Defendant
- Party Name
- Lavish EV
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vasudevan Namboothinpad EN
- Party Age
- 65
Plaintiffs Documents
Original loan agreement dated 04.08.2008, Original of sanction letter dated 11.08.2008, Statement of accounts along with certification, Copy of lawyer's notice dated 12.01.2019
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Pearson S. & Fernandez
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize Rs.9,94,779 from the defendants.
Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize Rs.9,94,779 from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 12% per annum from the date of the suit till the date of the decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.9,94,779 from the date of suit till date decree from the defendants.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 6% per annum from the date of the decree till realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.9,94,779 from date of decree till date of realization.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Original loan agreement
Submitted By:
Plaintiff
Relevance:
This document was submitted as evidence to support the plaintiff's claim regarding the loan availed by the defendants.
Reference:
Ext.A1
Document Type:
Original of sanction letter
Submitted By:
Plaintiff
Relevance:
This document was submitted to show the terms under which the loan was sanctioned to the defendants.
Reference:
Ext.A2
Document Type:
Statement of accounts along with certification
Submitted By:
Plaintiff
Relevance:
This document provided the account details and outstanding amount due from the defendants.
Reference:
Ext.A3
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants demanding repayment of the loan amount, which is fundamental to this lawsuit.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. UCO Bank vs Lavish EV et al regarding Suit for Realization of Money
Case Code Year
Case between M/s. UCO Bank vs Lavish EV et al regarding Suit for Realization of Money