Case Summary
The plaintiff, Bank of Baroda, is seeking repayment from the defendant, Binu B M, who defaulted on a loan taken for purchasing a car. The loan amount of Rs. 2,56,848/- remains unpaid despite several notices from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs. 2,56,848/- along with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs. 2,56,848/- along with accrued interest. The defendant and his assets are liable to satisfy the decree.
Why Plaintiff Won:
The plaintiff established a case based on unchallenged evidence and documentation.
The plaintiff established a case based on unchallenged evidence and documentation.
Losing Side's Weaknesses:
The plaintiff established a case based on unchallenged evidence and documentation.
The plaintiff established a case based on unchallenged evidence and documentation.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs. 2,56,848/- (Rupees Two lakhs fifty six thousand eight hundred and forty eight only) along with interest @11% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda (erstwhile Dena bank)
- Party Role
- Defendant
- Party Name
- Binu B M
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Sanction letter dated 17.10.2016, General undertaking dated 17.10.2016, Demand promissory note dated 17.10.2016, Hypothecation agreement dated 17.10.2016, Letters of acknowledgment of debt dated 02.07.2018, 17.06.2021, and 17.06.2024, Recall notice dated 30.09.2018, Lawyer notice dated 28.05.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P M M Najeeb Khan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S Abubacker Kunju
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Meharunnisa Najeeb
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.2,56,848/- along with interest.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.2,56,848/- with interest from defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay interest on the recovery amount.
Evidence:
Defendant is directed to pay interest at the rate of 11% per annum from the date of suit till the date of decree and 6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document establishes the approval of the loan provided to the defendant.
Reference:
Ext.A1
Document Type:
General undertaking with terms and conditions
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement terms under which the loan was provided.
Reference:
Ext.A2
Document Type:
Declaration Cum Undertaking Cum Authority
Submitted By:
Plaintiff
Relevance:
This document is part of the loan agreement and confirms the defendant's obligations.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as a formal promise to pay back the loan amount.
Reference:
Ext.A4
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document is used to secure the loan against the asset purchased.
Reference:
Ext.A5
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
These documents acknowledge the debts incurred by the defendant at different dates.
Reference:
Ext.A6 and A7
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
This document acknowledges the debt as of a later date.
Reference:
Ext.A8
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
This document serves as a notice reminding the defendant of the outstanding loan payment.
Reference:
Ext.A9
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document serves as a formal notice from the plaintiff's lawyer requesting payment.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the detailed account statement pertaining to the loan.
Reference:
Ext.A11
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 Bank of Baroda et al vs Binu B M regarding realization of money
Case Code Year
Case between Bank of Baroda et al vs Binu B M regarding realization of money