Case Summary
Bank of Baroda is the plaintiff, which seeks to recover money from the defendant, Bindu.T.M, who failed to repay a loan. The defendant is liable to pay a total amount of ₹68,374 to the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay a total of ₹68,374 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay ₹68,374 with interest. If the payment is not made, the plaintiff can recover the amount from the defendant's assets.
Why Plaintiff Won:
The case of the plaintiff stands proved through uncontested evidence.
The case of the plaintiff stands proved through uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved through uncontested evidence.
The case of the plaintiff stands proved through uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay to the plaintiff, an amount of 68,374/- (Rupees sixty eight thousand three hundred and seventy four only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda (Erstwhile Vijaya Bank)
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Bindu.T.M
- Relation
- W/o
Plaintiffs Documents
Loan Application Form, Loan Sanction letter, Loan Agreement cum hypothecation, Acknowledgment of Liability, True copy of Legal Notice, Postal Receipt, Computer print out of Statement of Account.
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
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover a total amount of 68,374/- from the defendant.
Evidence:
I am of the opinion that the plaintiff is entitled to recover the same from the defendant, with interest from the date of suit.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Used to establish the loan application made by the defendant.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Demonstrates the approval of the loan provided to the defendant.
Reference:
Ext.A2
Document Type:
Loan Agreement cum hypothecation
Submitted By:
Plaintiff
Relevance:
Defines the terms of the loan agreement established between the parties.
Reference:
Ext.A3
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
Indicates the defendant's acknowledgment of their liability to repay the loan.
Reference:
Ext.A4
Document Type:
True copy of legal notice
Submitted By:
Plaintiff
Relevance:
Served to the defendant regarding the loan repayment default.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of the legal notice being sent to the defendant.
Reference:
Ext.A6
Document Type:
Computer print out of Statement of Account for the period from 25.09.2015 to 29.02.2020
Submitted By:
Plaintiff
Relevance:
Reflects the financial transactions and outstanding balance of the loan.
Reference:
Ext.A7
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 (Erstwhile Vijaya Bank) vs Bindu.T.M regarding realisation of money.
Case Code Year
Case between Bank of Baroda (Erstwhile Vijaya Bank) vs Bindu.T.M regarding realisation of money.