Case Summary
UCO Bank is suing M/s D Mark Studio & Vedeos and its partners for defaulting on a loan. The bank seeks to recover the amount due plus interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.4,75,796/- with interest @ 12.60% per annum from the date of suit till the realization.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of the owed amount along with interest. The defendants did not contest the case.
Why Plaintiff Won:
The plaintiff proved his case by adducement of cogent and reliable evidence due to the defendants' absence.
The plaintiff proved his case by adducement of cogent and reliable evidence due to the defendants' absence.
Losing Side's Weaknesses:
The plaintiff proved his case by adducement of cogent and reliable evidence due to the defendants' absence.
The plaintiff proved his case by adducement of cogent and reliable evidence due to the defendants' absence.
Supporting Evidence
The evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW.1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. 1. Plaintiff is entitled to realise an amount of Rs.4,75,796/- (Rupees Four Lakh Seventy Five Thousand Seven Hundred and Ninety Six only) with interest @ 12.60% per annum from the date of suit till the realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- UCO Bank
- Relation
- By its Manager
- Party Role
- Defendant
- Party Name
- M/s D Mark Studio & Vedeos
- Relation
- By its Managing Partner
- Party Role
- Defendant
- Party Name
- Sadik
- Party Age
- 34
- Relation
- S/o Kattath Saidalavi
- Party Role
- Defendant
- Party Name
- Ishaque.T.
- Party Age
- 32
- Relation
- S/o Thazhathethil Usman
Plaintiffs Documents
Loan application dated 02.01.2014, Agreement relating to Term Loan dated 04.04.2014, Deed of Hypothecation of Movable Plant and Machinery, Balance Confirmation Letter, Copy of statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.M.Venugopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sreekala.K.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realise an amount of Rs.4,75,796/- with interest @ 12.60% per annum from the date of suit till the realization.
Evidence:
The suit is decreed as follows. 1. Plaintiff is entitled to realise an amount of Rs.4,75,796/- (Rupees Four Lakh Seventy Five Thousand Seven Hundred and Ninety Six only) with interest @ 12.60% per annum from the date of suit till the realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is also entitled to realise the costs of the suit from the defendants at confessional scale.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants at confessional scale.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the loan application dated 02.01.2014 submitted by the defendants to the plaintiff bank.
Reference:
Ext.A1
Document Type:
Agreement relating to Term Loan
Submitted By:
Plaintiff
Relevance:
This document is the Agreement relating to Term Loan dated 04.04.2014.
Reference:
Ext.A2
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document is the Deed of Hypothecation of Movable Plant and Machinery to Secure a Term Loan.
Reference:
Ext.A3
Document Type:
Balance Confirmation Letter
Submitted By:
Plaintiff
Relevance:
This document is the Balance Confirmation Letter dated 19.09.2016.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document is a copy of the statement of accounts showing the details of the loan transaction.
Reference:
Ext.A5
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between UCO Bank vs M/s D Mark Studio & Vedeos et al regarding realization of money
Case Code Year
Case between UCO Bank vs M/s D Mark Studio & Vedeos et al regarding realization of money