Case Summary
The plaintiff, Bank of Baroda, filed a suit against the defendant, Gokul G Nath, for the realization of a car loan amount that remains unpaid. The defendant failed to respond to the legal notice and was proceeded against exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.9,36,591.8/- with interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established the claim through unrebutted evidence, showing the defendant acknowledged the debt.
The plaintiff established the claim through unrebutted evidence, showing the defendant acknowledged the debt.
Judgment Evidence:
In the result, suit is decreed as follows: Plaintiff is entitled to realize Rs.9,36,591.8/- from the defendant and from his assets.
Parties Involved
Plaintiffs
Bank of Baroda (Age not specified years)
Vazhakkala Branch, Vijaya Compelx, Ground Floor, Civil line road, Chembumukku, Ernakulam district, PIN-682030
Defendants
Gokul G Nath (27 years years)
Flat No.8B,46/2815, Mangalam Towers, Chakkaraparambu, Near Holiday Inn Hotel, Ernakulam-682028
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.9,36,591.8/- from the defendant.
Evidence:
In the result, suit is decreed as follows: Plaintiff is entitled to realize Rs.9,36,591.8/- (Rupees Nine Lakh Thirty Six Thousand Five Hundred Ninety One rupees and Eight paise only) from the defendant and from his assets.
Relief Type:
Injunction
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 11.95% per annum on the recovery amount.
Evidence:
Plaintiff is entitled to realize interest @ 11.95% per annum for Rs.9,36,591.8/- (Rupees Nine Lakh Thirty Six Thousand Five Hundred Ninety One rupees and Eight paise only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Injunction
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum on the recovery amount post-decree.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.9,36,591.8/- (Rupees Nine Lakh Thirty Six Thousand Five Hundred Ninety One rupees and Eight paise only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
Established the loan agreement between the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Served as evidence of the loan obligation of the defendant.
Reference:
Ext.A2
Document Type:
Original letter of Installment with Acceleration Clause
Submitted By:
Plaintiff
Relevance:
Outlined the repayment terms and conditions of the loan.
Reference:
Ext.A3
Document Type:
Original declaration cum undertakings cum authority
Submitted By:
Plaintiff
Relevance:
Provided authorization related to the loan agreement.
Reference:
Ext.A4
Document Type:
Original composite hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Defined the hypothecation conditions tied to the loan.
Reference:
Ext.A5
Document Type:
Original letter of authority
Submitted By:
Plaintiff
Relevance:
Granted rights regarding loan recovery processes.
Reference:
Ext.A6
Document Type:
Original letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Confirmed that the defendant acknowledged the outstanding loan.
Reference:
Ext.A7
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Provided notice of the legal claim for loan recovery.
Reference:
Ext.A8
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Served as evidence of sending the legal notice.
Reference:
Ext.A9
Document Type:
Statement of account in Loan account No. 58860600000758 along with certification
Submitted By:
Plaintiff
Relevance:
Detailed the outstanding loan amount as of the date specified.
Reference:
Ext.A10