Case Summary
The plaintiff, M/s UCO Bank, is seeking to recover money loaned to the defendants, Mr. Shahadath Saleem. K and M/s. Dilse, for a credit facility that has not been repaid. The defendants did not appear in court, leading to the case being heard ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant No.1 shall pay a sum of Rs.2,96,852 with interest.
Case Type
Civil Suit
Final Judgment
No
The court ordered the first defendant to pay a total of Rs.2,96,852 to the plaintiff with interest. The second defendant was also mentioned in the judgment but the liability was primarily on the first defendant.
Why Plaintiff Won:
The case was proven by the unchallenged oral testimony of PW1 and the documents submitted.
The case was proven by the unchallenged oral testimony of PW1 and the documents submitted.
Losing Side's Weaknesses:
The case was proven by the unchallenged oral testimony of PW1 and the documents submitted.
The case was proven by the unchallenged oral testimony of PW1 and the documents submitted.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A9 documents produced by him.
Judgment Evidence:
In the result, 1. The defendant No.1 shall pay a sum of Rs.2,96,852 (Rupees two lakhs ninety six thousand eight hundred and fifty two only) to the plaintiff with interest at the rate of 7.45 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s UCO Bank
- Relation
- Rep by the Branch Manager, Mr. Rakeshkrishna
- Party Role
- Defendant
- Party Name
- Mr. Shahadath Saleem. K
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Dilse
- Relation
- Rep. by its Proprietor, Shahadath Saleem
Plaintiffs Documents
Loan application, Sanction of credit facility under Uco Vyappar Samridhi Scheme, Composite deed of hypothecation, Promissory note of Rs.2,40,000, Acknowledgement of debt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A. Gireesh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant No.1 shall pay a sum of Rs.2,96,852/- to the plaintiff with interest.
Evidence:
In the result, 1.The defendant No.1 shall pay a sum of Rs.2,96,852/- (Rupees two lakhs ninety six thousand eight hundred and fifty two only) to the plaintiff with interest at the rate of 7.45 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant No.1 shall pay costs of the proceedings to the plaintiff.
Evidence:
2.The defendant No.1 shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the loan application submitted by the second defendant.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is the sanctioned letter.
Reference:
Ext.A2
Document Type:
Composite Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Exhibit A3 is the agreements for composite deed of hypothecation of second loan.
Reference:
Ext.A3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Exhibit A4 is the promissory note of Rs.2,40,000/- executed by the second defendant.
Reference:
Ext.A4
Document Type:
Waiver Letter
Submitted By:
Plaintiff
Relevance:
Exhibit A5 is the letter of waiver of presentation of demand promissory note executed by the second defendant.
Reference:
Ext.A5
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Exhibit A6 is the original letter of continuity executed by defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Exhibit A7 is the acknowledgment of debt dated 30.01.2023.
Reference:
Ext.A7
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Exhibit A8 is the acknowledgment of debt dated 18.01.2025.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Exhibit A9 is the Statement of Account for the period from 01.09.2021 to 08.07.2025.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between M/s UCO Bank vs Mr. Shahadath Saleem. K, M/s. Dilse regarding realisation of money.
Case Code Year
Case between M/s UCO Bank vs Mr. Shahadath Saleem. K, M/s. Dilse regarding realisation of money.