Case Summary
The case involves UCO Bank seeking recovery of a loan amount from Sana Enterprises and its proprietor Sajeena Sujith. The defendants failed to repay the loan, which led to the bank filing the suit for realization.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of Rs.4,37,414.45 along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unrebutted oral testimony and documents established the plaintiff's claim.
The unrebutted oral testimony and documents established the plaintiff's claim.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize a sum of Rs.4,37,414.45/- from the defendants and from their assets. The plaintiff is entitled to realize interest @ 10.50 % per annum for Rs.4,37,414.45/- from the date of suit till date decree.
Parties Involved
Plaintiffs
UCO Bank (Age not specified years)
Chottanikkara Branch, Tharakandom Complex, Near Aryaas Hotel, Chottanikkara, Ernakulam District, Pin 682312
Defendants
Sana Enterprises (Age not specified years)
VII/244A, Kavalamparambil, Karoor Kara, Pazhoor P.O, Maneed, Piravom, Ernakulam, Kerala, Pin-686 664
Sajeena Sujith (39 years)
VII/244A, Kavalamparambil, Karoor Kara, Pazhoor P.O, Maneed, Piravom, Ernakulam, Kerala, Pin-686 664
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize a sum of Rs.4,37,414.45/- from the defendants.
Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize a sum of Rs.4,37,414.45/- from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 10.50 % per annum from the date of suit till date decree.
Evidence:
2. The plaintiff is entitled to realize interest @ 10.50 % per annum for Rs.4,37,414.45/- from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 6% per annum from date of decree till date of realization.
Evidence:
3. The plaintiff is entitled to realize interest @ 6% per annum for Rs.4,37,414.45/- from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from defendants.
Evidence:
4. The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 04.02.2021.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Original loan sanction letter dated 06.03.2021.
Reference:
Ext.A2
Document Type:
Composite Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original composite deed of hypothecation dated 06.03.2021.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original demand promissory note dated 06.03.2021.
Reference:
Ext.A4
Document Type:
Letter of Waiver of Presentment
Submitted By:
Plaintiff
Relevance:
Original letter of waiver of presentment dated 06.03.2021.
Reference:
Ext.A5
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Letter of continuity dated 06.03.2021.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debts and Securities
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debts and securities dated 31.03.2023.
Reference:
Ext.A7
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts duly certified as per the Bankers Books Evidence Act.
Reference:
Ext.A8
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
Recall notice dated 23.08.2024.
Reference:
Ext.A9
Document Type:
Postal Cover
Submitted By:
Plaintiff
Relevance:
Postal cover returned.
Reference:
Ext.A10
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Unrebutted oral testimony of PW1.
Reference: