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
Judgment Favored
Plaintiff
Relief Granted
Defendants ordered to pay ₹9,16,532.39 with interest
Case Type
Civil Suit
Final Judgment
No
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.
Why Plaintiff Won:
The court found the evidence and documents submitted by the plaintiff satisfactory to prove the claim.
The court found the evidence and documents submitted by the plaintiff satisfactory to prove the claim.
Losing Side's Weaknesses:
The court found the evidence and documents submitted by the plaintiff satisfactory to prove the claim.
The court found the evidence and documents submitted by the plaintiff satisfactory to prove the 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 ₹9,16,532.39 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 its Branch Manager
- Party Role
- Defendant
- Party Name
- M/s Elvakkattu Mills
- Relation
- represented by its sole proprietor Sulekha Ali
- Party Role
- Defendant
- Party Name
- Sulekha Ali
- Relation
- W/o E.A.Ali
Plaintiffs Documents
Letter of sanction, Composite deed of hypothecation, Agreement relating to term loan, Promissory note, Letter of waiver, Revival letter, Demand notice, Statement of account
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
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rahul Sasi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Neethu Prem
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P Archa Menon
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Alfin Nadarshaw
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anjana V
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between UCO Bank vs M/s Elvakkattu Mills et al regarding recovery of money
Case Code Year
Case between UCO Bank vs M/s Elvakkattu Mills et al regarding recovery of money