Case Summary
UCO Bank filed a suit against Naseela Navas and others for the recovery of an educational loan amounting to Rs.6,23,087/-. The defendants defaulted on repayment, leading to the bank's claim for the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.6,23,087/- from the defendants and from their assets.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to pay Rs.6,23,087/- along with interest. The defendants defaulted on their loan repayment, leading to this decision.
Why Plaintiff Won:
The unrebutted oral testimony and documents proved the plaintiff's claim.
The unrebutted oral testimony and documents proved the plaintiff's claim.
Losing Side's Weaknesses:
The unrebutted oral testimony and documents proved the plaintiff's claim.
The unrebutted oral testimony and documents proved the plaintiff's claim.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A9 established the case as pleaded by plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows, The plaintiff is entitled to realize Rs.6,23,087/- (Rupees Six Lakhs Twenty Three Thousand and Eighty Seven only) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- UCO Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Naseela Navas
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Navas V K
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Soudhabie Navas
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sajitha Shahir
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Original sanction letter, Original agreement for Educational loan, Original Guarantee Agreement, Original Promissory note, Original agreement, Revival letter, Statement of account, Printout of calculation statement
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
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize Rs.6,23,087/- from the defendants.
Evidence:
The plaintiff is entitled to realize Rs.6,23,087/- (Rupees Six Lakhs Twenty Three Thousand and Eighty Seven only) from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 12% per annum from the date of suit till date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.6,23,087/- (Rupees Six Lakhs Twenty Three Thousand and Eighty Seven only) from the date of suit till date of decree from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 6% per annum from date of decree till date of realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.6,23,087/- (Rupees Six Lakhs Twenty Three Thousand and Eighty Seven only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendants and from their assets.
Documents & Evidence
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
Contains the terms and conditions of sanction, duly signed and accepted by the defendants.
Reference:
Ext.A1
Document Type:
Original agreement for Educational loan
Submitted By:
Plaintiff
Relevance:
Duly signed and accepted by the defendant on 17.11.2016.
Reference:
Ext.A2
Document Type:
Original Guarantee agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant No. 4 on 17.11.2016.
Reference:
Ext.A3
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff Bank dated 17.11.2016.
Reference:
Ext.A4
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
Executed by the Defendants No.1 to 3 on 17.11.2016 in favour of plaintiff.
Reference:
Ext.A5
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Executed by the defendants on 31.10.2019, acknowledging the outstanding loan liability.
Reference:
Ext.A6
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Executed by the defendants on 31.10.2022, reaffirming the debt's validity.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement under Term Loan under UCO Educational Loan Scheme along with certification.
Reference:
Ext.A8
Document Type:
Printout of calculation statement of interest
Submitted By:
Plaintiff
Relevance:
Includes certification and breakdown of interest calculation.
Reference:
Ext.A9
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 Naseela Navas et al regarding realization of money
Case Code Year
Case between UCO Bank vs Naseela Navas et al regarding realization of money