Case Summary
The plaintiff, UCO Bank, filed a suit for the realization of a loan amount due from the defendants, who had availed an education loan. The defendants defaulted on repayment, leading to the legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.7,74,912/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff for recovering the loan amount along with interest and costs.
Why Plaintiff Won:
The evidence and documents provided by the plaintiff clearly established the defendants' indebtedness.
The evidence and documents provided by the plaintiff clearly established the defendants' indebtedness.
Losing Side's Weaknesses:
The evidence and documents provided by the plaintiff clearly established the defendants' indebtedness.
The evidence and documents provided by the plaintiff clearly established the defendants' indebtedness.
Supporting Evidence
Evidence of PW1 coupled with Ext.A1, loan agreement dated 04/12/2008 executed by the defendants, Ext.A2, office copy of lawyer notice dated 11/05/2016, Ext. A3 series, postal receipts dated 23/05/2016, Ext.A4, statement of account dated 17/12/2018 would prove the plaintiff’s claim.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The plaintiff is entitled to realise an amount of Rs.7,74,912/- with interest at the rate of 12.25% per annum with monthly rests from the date of the suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- UCO Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Hani.N
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nimzad.N
- Party Age
- 59
- Party Role
- Defendant
- Party Name
- Shameena P.A
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Agreement for educational loan, Office copy of lawyer notice, Postal receipts, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G. Baiju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Karthu. R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Poornima. G
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
For realization of the amount due from the defendants.
Evidence:
The plaintiff is entitled to realize an amount of Rs.7,74,912/- (Rupees Seven Lakhs Seventy Four Thousand Nine Hundred and Twelve only) with interest.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs from the defendants.
Evidence:
There is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Agreement for educational loan
Submitted By:
Plaintiff
Relevance:
Proves the loan agreement executed by the defendants.
Reference:
Ext.A1
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendants about their loan default.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Serves as proof of sending the legal notice.
Reference:
Ext.A3 Series
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details the outstanding amount due from the defendants.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between UCO Bank vs Hani.N et al regarding realization of money.
Case Code Year
Case between UCO Bank vs Hani.N et al regarding realization of money.