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O.S No. 735/2023

Case between UCO Bank vs M/s Elvakkattu Mills et al regarding recovery of money

Court
THE COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-03-26
Duration
approximately-5 years

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

UCO Bank filed a suit against M/s Elvakkattu Mills and its sole proprietor Sulekha Ali for recovery of a loan amount of ₹9,00,000. The defendants defaulted on their loan repayments and a decree was sought for the outstanding dues.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of UCO Bank, ordering the defendants to pay ₹9,16,532.39 with 9% interest from the date of the suit until the date of the decree due to their failure to repay the loan.
Judgment Favored
Plaintiff
Relief Granted
Defendants ordered to pay ₹9,16,532.39 with interest
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the evidence and documents submitted by the plaintiff satisfactory to prove the claim.

Judgment Evidence:

In the result, The suit is decreed directing the defendants to pay an amount of ₹9,16,532.39 with 9% interest per annum from the date of suit till the date of decree.

Parties Involved

Plaintiffs

UCO Bank (Age not specified years) Punnaparambil Buildings, Kakkanad, Veegaland road, Kakkanadu, Ernakulam – 682 030

Defendants

M/s Elvakkattu Mills (Age not specified years) building no, VI/134-C4, Athani Junction, Kusumagiri P.O, Athani, Kakkanad, Pin – 682 030, Ernakulam District Sulekha Ali (Age not specified years) Elavakkattumoola house, Kusumagiri P.O, Athani, Kakkanad, Pin – 682 030, Ernakulam District

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Directing the defendants to pay the outstanding loan amount.
Evidence:
The suit is decreed directing the defendants to pay an amount of 9,16,532.39/- (Rupees Nine Lakhs Sixteen Thousand Five Hundred and Thirty Nine paise Only) with 9% interest per annum from the date of suit till the date of decree.
Relief Type: Other
Outcome: Granted
Description:
Entitlement to recover the decree amount from the defendant's assets.
Evidence:
In default, the plaintiff is entitled to recover the decree amount from the defendant and from his assets with post decretal interest @ 6% per annum.
Relief Type: Other
Outcome: Granted
Description:
Entitlement to costs of the litigation.
Evidence:
The plaintiff is also entitled for the costs of the litigation.

Documents & Evidence

Document Type: Sanction letter
Submitted By: Plaintiff
Relevance:
Contains the terms and conditions of sanction executed by the defendant.
Reference:
Ext.A1
Document Type: Composite Deed of Hypothecation
Submitted By: Plaintiff
Relevance:
Executed by the defendant as security for the loan repayment.
Reference:
Ext.A2
Document Type: Agreement relating to Term Loan
Submitted By: Plaintiff
Relevance:
Executed by the defendant outlining the loan agreement details.
Reference:
Ext.A3
Document Type: Promissory Note
Submitted By: Plaintiff
Relevance:
Promising to pay the loan amount along with interest.
Reference:
Ext.A4
Document Type: Letter of Waiver
Submitted By: Plaintiff
Relevance:
Executed by the defendant waiving formal presentation of the promissory note.
Reference:
Ext.A5
Document Type: Revival Letter
Submitted By: Plaintiff
Relevance:
Acknowledged the outstanding liability and confirmed the debt.
Reference:
Ext.A6
Document Type: Demand Notice
Submitted By: Plaintiff
Relevance:
Office copy issued to the defendants for repayment.
Reference:
Ext.A7
Document Type: Universal Demand Notice
Submitted By: Plaintiff
Relevance:
Issued to the defendant no. 1 for outstanding dues.
Reference:
Ext.A8
Document Type: Universal Demand Notice
Submitted By: Plaintiff
Relevance:
Issued to the defendant no. 2 for outstanding dues.
Reference:
Ext.A9
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Certified account details of the loan for the specified period.
Reference:
Ext.A10
Document Type: Calculation Statement
Submitted By: Plaintiff
Relevance:
Details of accrued interest that was not applied to the account.
Reference:
Ext.A11

Quick Facts

Location
Ernakulam
Case Filed
Fri, 03/20/2020 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

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