Case Summary
UCO Bank filed a suit against M/s S B Agencies for recovery of a loan amount of Rs. 7,49,326.20. The defendant failed to repay the loan, leading to the bank classifying the account as a Non-Performing Asset.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs. 7,29,456.76 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 the outstanding amount. The defendants are to pay with interest from the date of the suit until the decree date.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents 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 7,29,456.76/- (Rupees Seven Lakh Twenty Nine Thousand Four Hundred and Fifty Six and Paise Seventy Six 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
- M/s S B Agencies
- Party Role
- Defendant
- Party Name
- Muhammed Basheer P.P
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Letter of Sanction, Composite Deed of Hypothecation, Agreement Relating to Term Loan, Promissory Note, Statement of account, Calculation statement of interest accrued.
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
- Party Role
- Plaintiff
- Advocate Name
- Madhavikutty
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the outstanding amount from the defendant.
Evidence:
The suit is decreed directing the defendants to pay an amount of 7,29,456.76/- (Rupees Seven Lakh Twenty Nine Thousand Four Hundred and Fifty Six and Paise Seventy Six only), with 9% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
Contains the terms and conditions of sanction, duly signed and accepted by the defendant.
Reference:
Ext.A1
Document Type:
Composite Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Secures the loan by hypothecating all present and future goods and movable assets in favor of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Agreement relating to Term Loan
Submitted By:
Plaintiff
Relevance:
Details the terms of the term loan agreed upon by the defendant.
Reference:
Ext.A3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favor of the plaintiff bank for the loan amount.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Issued by U.C.O Bank, detailing the loan account's financial status.
Reference:
Ext.A5
Document Type:
Calculation Statement of Interest
Submitted By:
Plaintiff
Relevance:
Shows the interest accrued but not applied to the defendant's account.
Reference:
Ext.A6
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 rent
Case Code
Case between UCO Bank vs M/s S B Agencies regarding money recovery
Case Code Year
Case between UCO Bank vs M/s S B Agencies regarding money recovery