Case Summary
The plaintiff is U C O Bank, which sanctioned loans to the defendant Restin K Mathew. The defendant did not repay the loan amounts and has violated the loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay ₹5,09,348 with interest at the rate of 6% per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendant to pay the plaintiff a sum of ₹5,09,348 with interest and costs.
Why Plaintiff Won:
The plaintiff's evidence established the case without any rebuttal from the defendant.
The plaintiff's evidence established the case without any rebuttal from the defendant.
Losing Side's Weaknesses:
The plaintiff's evidence established the case without any rebuttal from the defendant.
The plaintiff's evidence established the case without any rebuttal from the defendant.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; It is ordered that the defendant to pay to the plaintiff the sum of ₹5,09,348 with interest thereon at the rate of 6% per annum for the principal amount of ₹4,75,000 from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- U C O Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Restin K Mathew
- Relation
- S/o
Plaintiffs Documents
Loan application, Sanction Letter, Demand Promissory Note, Composite Deed of Hypothecation, Office copy of Lawyers notice, Certified copy of statement of account from 04.03.2022 to 11.01.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Sajeev Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Renu Sajeev
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is ordered to pay the plaintiff ₹5,09,348 with interest.
Evidence:
In the result, the suit is decreed as follows; It is ordered that the defendant to pay to the plaintiff the sum of ₹5,09,348.
Relief Type:
Recovery
Outcome:
Granted
Description:
Interest on the principal amount at the rate specified.
Evidence:
with interest thereon at the rate of 6% per annum for the principal amount of ₹4,75,000.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was submitted as part of the evidence showing the plaintiff's request for the loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This letter details the terms of the cash credit limit sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note indicates the defendant's acceptance of the loan conditions.
Reference:
Ext.A3
Document Type:
Waiver of presentment of Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document waives the requirement for the bank to present the demand promissory note.
Reference:
Ext.A4
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This is another instance of the demand promissory note executed by the defendant.
Reference:
Ext.A5
Document Type:
Waiver of presentment of Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document also waives the requirement for the bank to present the demand promissory note.
Reference:
Ext.A6
Document Type:
Composite Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This deed secures the loan amount extended to the defendant.
Reference:
Ext.A7
Document Type:
Agreement relating to Term Loan
Submitted By:
Plaintiff
Relevance:
This agreement details the terms of the term loan provided to the defendant.
Reference:
Ext.A8
Document Type:
Office copy of Lawyers notice
Submitted By:
Plaintiff
Relevance:
This notice demands repayment from the defendant.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt is proof of delivery of the lawyer's notice.
Reference:
Ext.A10
Document Type:
Refused Notice
Submitted By:
Plaintiff
Relevance:
This document indicates the defendant refused to accept the lawyer's notice.
Reference:
Ext.A10(a)
Document Type:
Certified copy of statement of account
Submitted By:
Plaintiff
Relevance:
This statement shows the due amount from the defendant.
Reference:
Ext.A11
Document Type:
Certified copy of statement of account
Submitted By:
Plaintiff
Relevance:
This statement shows the due amount from the defendant over a specified period.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between U C O Bank vs Restin K Mathew regarding realization of money
Case Code Year
Case between U C O Bank vs Restin K Mathew regarding realization of money