Case Summary
M/s UCO Bank filed a suit against Sreejith Lal and others for the recovery of an education loan amounting to ₹4,69,610/-. The defendants claimed they had not availed the loan and raised issues including the maintainability of the suit and the challenge of limitation.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the loan was taken by the defendants but dismissed the suit citing it was barred by limitation.
Key Reasoning:
The suit was barred by limitation.
The suit was barred by limitation.
Why Defendant Won:
The suit was barred by limitation.
The suit was barred by limitation.
Supporting Evidence
The court stated that the suit is hopelessly barred by limitation, noting that the defendants had availed the loan as stated but failed to comply with the repayment terms.
Judgment Evidence:
In the result, the suit is dismissed. Parties are directed to suffer their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s UCO Bank
- Party Role
- Defendant
- Party Name
- Sreejith Lal
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijayakumar
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajamma Vijayakumar
- Party Age
- 30
- Relation
- W/o
Plaintiffs Documents
Agreement for Education Loan, Sanction Letter, Computer Print of Statement of Account, Interest Statement, Office copy of the lawyer 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
- Party Role
- Defendant
- Advocate Name
- Denny Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff sought recovery of the loan amount due.
Evidence:
The suit is hopelessly barred by limitation.
Documents & Evidence
Document Type:
Agreement for Education Loan
Submitted By:
Plaintiff
Relevance:
This document evidences the education loan agreement executed by the defendants.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document confirms the sanction of the loan amount.
Reference:
Ext.A2
Document Type:
Computer print of Statement of account
Submitted By:
Plaintiff
Relevance:
This document provides a detailed statement of the loan account showing the balance and transactions.
Reference:
Ext.A3
Document Type:
Interest Statement
Submitted By:
Plaintiff
Relevance:
This document details the interest charged on the loan.
Reference:
Ext.A4
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This document is the notice issued to the defendants regarding the loan recall.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of Loan
Case Code
Case between M/s UCO Bank vs Sreejith Lal et al regarding realisation of money
Case Code Year
Case between M/s UCO Bank vs Sreejith Lal et al regarding realisation of money