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
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs. 2,50,286/- with interest
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for the amount due along with interest.
Why Plaintiff Won:
The defendant failed to repay the loan as per the agreed terms and conditions.
The defendant failed to repay the loan as per the agreed terms and conditions.
Losing Side's Weaknesses:
The defendant failed to repay the loan as per the agreed terms and conditions.
The defendant failed to repay the loan as per the agreed terms and conditions.
Supporting Evidence
Having considered the oral testimony of PW1 and Ext. A1 to A12, PW1 has proved his case and therefore, he is entitled to get a decree as he prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs of the plaintiff as follows.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Party Role
- Defendant
- Party Name
- Tulsi Ram Purohit
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
06.12.2017 Sanction Letter, 07.12.2017 Demand promissory note, 07.12.2017 Letter of undertaking, 07.12.2017 Letter of continuing security, 07.12.2017 Declaration cum undertaking cum authority, 07.12.2017 Composite hypothecation agreement, 07.12.2017 Power of attorney in respect of book-debts facility, 25.11.2020 Office copy of lawyer notice, 07.12.2017 Acknowledgement card, Statement of account bearing No.05600400000189 for the period from 07.12.2017 to 20.01.2021, Statement of account bearing No.05600600004086 for the period from 21.09.2020 to 20.01.2021, 01.01.2021 Non-starter Report issued by Secretary, Ernakulam District Legal Service Authority in PIM No. 43/2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh G.Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa N.U.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.A. Alexander
- Appearance Type
- Main Counsel
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
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 Bank of Baroda, Ernakulam vs Tulsi Ram Purohit regarding realization of money
Case Code Year
Case between Bank of Baroda, Ernakulam vs Tulsi Ram Purohit regarding realization of money