Case Summary
UCO Bank filed a suit against Amalesh E.R and others for recovery of a personal loan amounting to Rs. 2,47,874 due to default in repayment. The court found that the defendants had availed the loan under the UCO Educational Loan Scheme but failed to repay as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Directing the defendants to pay Rs. 2,47,874 with 9% interest per annum from the date of the suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendants to pay Rs. 2,47,874 with interest. The defendants were found liable for the debt under the loan agreement.
Why Plaintiff Won:
The unchallenged proof affidavit and documents submitted by the plaintiff satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents submitted by the plaintiff satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents submitted by the plaintiff satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents submitted by the plaintiff satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of 2,47,874/-(Rupees Two Lakhs Forty Seven Thousand Eight Hundred and Seventy Four Only), with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- UCO Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Amalesh E.R
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rameshan E.S
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Praseela P.R
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
The letter of sanction containing the terms and conditions, The Agreement for Education loan, The Guarantee Agreement executed by the defendants, The revival letter executed by the defendants, The statement of account issued by the plaintiff bank.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G.G.Manoj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S.Sarath Prasad
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the sum due from the defendants.
Evidence:
The suit is decreed directing the defendants to pay an amount of 2,47,874/- (Rupees Two Lakhs Forty Seven Thousand Eight Hundred and Seventy Four Only), with 9% interest per annum from the date of suit till the date of decree.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Letter of sanction containing the terms and conditions
Submitted By:
Plaintiff
Relevance:
This document details the terms and conditions of the educational loan sanctioned to Defendant No.1.
Reference:
Ext.A1
Document Type:
Agreement for Education Loan
Submitted By:
Plaintiff
Relevance:
This agreement outlines the obligations of the defendants regarding the repayment of the educational loan.
Reference:
Ext.A2
Document Type:
Guarantee Agreement executed by the defendants
Submitted By:
Plaintiff
Relevance:
This document provides a guarantee for the loan taken by Defendant No.1 from the plaintiff bank.
Reference:
Ext.A3
Document Type:
Revival letter executed by the defendants
Submitted By:
Plaintiff
Relevance:
This letter acknowledges the revival of the loan by the defendants.
Reference:
Ext.A4
Document Type:
Revival letter executed by the defendants
Submitted By:
Plaintiff
Relevance:
This letter confirms the defendants' acknowledgment of their liability regarding the loan.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding balance on the defendants' loan account.
Reference:
Ext.A6
Document Type:
Calculation statement of the interest in term loan
Submitted By:
Plaintiff
Relevance:
This statement details the interest calculations related to the defendants' term loan.
Reference:
Ext.A7
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 UCO Bank vs Amalesh E.R et al regarding money recovery.
Case Code Year
Case between UCO Bank vs Amalesh E.R et al regarding money recovery.