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ORIGINAL SUIT No. 236 OF 2018

Case between UCO Bank vs M/s Solution Computer Centre, Mohammed Rafeeque.V.P., Noushad.C. regarding realisation of money.

Court
THE COURT OF THE MUNSIFF OF TIRUR
Judge
Smt.SUSHAMA.P.
Order Date
2019-06-01
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

UCO Bank is seeking to recover a loan amount from M/s Solution Computer Centre and its partners Mohammed Rafeeque.V.P. and Noushad.C. The defendants have failed to repay the loan despite multiple reminders.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay a total of ₹3,43,481/- with interest and costs. The defendants had defaulted on the loan repayments.
Judgment Favored
Plaintiff
Relief Granted
Defendants pay sum of ₹3,43,481/- with interest @ 14.10% p.a. from the date of the institution 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, ordering the defendants to pay a total of ₹3,43,481/- with interest and costs. The defendants had defaulted on the loan repayments.
Why Plaintiff Won:
The plaintiff proved the case with unrebutted evidence and relevant documents.
Losing Side's Weaknesses:
The plaintiff proved the case with unrebutted evidence and relevant documents.
Supporting Evidence
The plaintiff produced loan application submitted by the defendants... From the above evidence, PW1 had proved the transaction between the plaintiff bank and the defendants.

Judgment Evidence:

In the result, the suit is decreed with costs as follows:- (a) The defendants do pay sum of ₹3,43,481/- (Rupees Three Lakh forty three thousand four hundred and eighty one only) to the plaintiff with an interest @ 14.10% p.a from the date of the institution of the suit till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
UCO Bank
Party Role
Defendant
Party Name
M/s Solution Computer Centre
Relation
By its Managing Partner
Party Role
Defendant
Party Name
Mohammed Rafeeque.V.P.
Party Age
34
Relation
S/o Basheer
Party Role
Defendant
Party Name
Noushad.C.
Party Age
37
Relation
S/o Mohammed
Plaintiffs Documents
Loan Application, Loan sanction letter, Agreement relating to Term Loan, Deed of Hypothecation of Movable Plant and Machinery, Balance Confirmation Letters, Copy of Lawyer Notice.
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
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt.Vinida.P.
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendants are ordered to pay a sum of ₹3,43,481/- to the plaintiff.
Evidence:
In the result, the suit is decreed with costs as follows:- (a) The defendants do pay sum of ₹ 3,43,481/- (Rupees Three Lakh forty three thousand four hundred and eighty one only) to the plaintiff with an interest @ 14.10% p.a from the date of the institution of the suit till the date of decree.
Relief Type: Interest
Outcome: Granted
Description:
The defendants are to pay interest on the principal amount at the rate of 2% per annum from the date of the decree till its realization.
Evidence:
(b) The defendants do pay thereafter an interest at the rate of 2% per annum on the principal amount from the date of the decree till its realization.
Relief Type: Costs
Outcome: Granted
Description:
The defendants are ordered to pay costs to the plaintiff.
Evidence:
(c) Costs shall follow the event. Hence the defendants do pay costs to the plaintiff.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
The document shows that the defendants applied for a loan of Rs.5,36,000/-.
Reference:
Ext.A1
Document Type: Loan Sanction Letter
Submitted By: Plaintiff
Relevance:
This letter confirms the sanction of the loan amount.
Reference:
Ext.A2
Document Type: Deed of Hypothecation of Movable Plant and Machinery
Submitted By: Plaintiff
Relevance:
These documents are the deeds executed by the defendants for securing the term loan.
Reference:
Ext.A3 to A5
Document Type: Balance Confirmation Letter
Submitted By: Plaintiff
Relevance:
These letters confirm the balance amounts due in the loan account.
Reference:
Ext.A6 & A7
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
This document evidences the notice sent to the defendants demanding repayment.
Reference:
Ext.A8
Document Type: True Copy of Statement of Accounts
Submitted By: Plaintiff
Relevance:
This document provides a certified extract of the accounts relating to the loan.
Reference:
Ext.A9

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between UCO Bank vs M/s Solution Computer Centre, Mohammed Rafeeque.V.P., Noushad.C. regarding realisation of money.
Case Code Year
Case between UCO Bank vs M/s Solution Computer Centre, Mohammed Rafeeque.V.P., Noushad.C. regarding realisation of money.

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Sat, 06/01/2019 - 12:00
To
Sun, 06/30/2019 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

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