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O.S. No. 122/2021

Case between Bank of Baroda, Ernakulam vs Tulsi Ram Purohit regarding realization of money

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SRI. REGHUNATH N.S.
Order Date
2024-01-12
Duration
approximately-2 years 1 month 21 days

Judgement document from eCourt website

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Case Summary

Bank of Baroda sued Tulsi Ram Purohit for failing to repay a loan amounting to Rs. 2,50,286/-. The court found that the defendant had not responded to multiple demands for repayment.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff for the amount due along with interest.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs. 2,50,286/- with interest
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The defendant failed to repay the loan as per the agreed terms and conditions.

Judgment Evidence:

In the result, the suit is decreed with costs of the plaintiff as follows.

Parties Involved

Plaintiffs

Bank of Baroda (Age not specified years) Ernakulam (Main) Branch, Pallimukku, M.G. Road, Ernakulam­682 016

Defendants

Tulsi Ram Purohit (53 years) Naadi Abaadi School ke Piche, Wrada, Sirohi, Varada, Rajasthan­307801

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to recover Rs. 2,50,286 from the defendant with interest.
Evidence:
In the result, the suit is decreed with costs of the plaintiff as follows. The plaintiff is entitled to realize Rs. 2,50,286 from the defendant with 9% interest per annum from the date of suit till the date of decree and thereafter, 6% interest per annum till the date of realization from the defendant and his assets both movable and immovable.

Documents & Evidence

Document Type: Sanction letter
Submitted By: Plaintiff
Relevance:
This document was used to prove that Rs. 8 Lakhs was sanctioned in favour of the plaintiff.
Reference:
Ext.A1
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
This document indicates the defendant's commitment to repay the loan amount, serving as security for the loan.
Reference:
Ext.A2
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
This letter was part of the security documents related to the loan agreement.
Reference:
Ext.A3
Document Type: Letter of Continuing Security
Submitted By: Plaintiff
Relevance:
This document reaffirmed the security for the loan taken by the defendant.
Reference:
Ext.A4
Document Type: Declaration Cum Undertaking Cum Authority
Submitted By: Plaintiff
Relevance:
This document outlined the authority and commitments made by the defendant in relation to the loan.
Reference:
Ext.A5
Document Type: Composite Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
This agreement details the hypothecation of assets as security for the loan.
Reference:
Ext.A6
Document Type: Power of attorney in respect of book-debts facility
Submitted By: Plaintiff
Relevance:
This document granted the plaintiff authority over certain assets and debts related to the loan.
Reference:
Ext.A7
Document Type: Office copy of lawyer notice
Submitted By: Plaintiff
Relevance:
This notice was sent to the defendant demanding payment of the due amount.
Reference:
Ext.A8
Document Type: Acknowledgement Card
Submitted By: Plaintiff
Relevance:
This card confirmed the receipt of the lawyer's notice by the defendant.
Reference:
Ext.A9
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
This account statement revealed the outstanding liability of the defendant at the plaintiff bank.
Reference:
Ext.A10
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
This statement provided details of the defendant's account over a specified period.
Reference:
Ext.A11
Document Type: Non-starter report
Submitted By: Plaintiff
Relevance:
This report issued by the Secretary provides context regarding the defendant's loan application.
Reference:
Ext.A12

Quick Facts

Location
Ernakulam
Case Filed
Sun, 12/12/2021 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

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