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
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest and costs from the defendant.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A10 established the case as pleaded by the plaintiff.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Gokul G Nath
- Party Age
- 27
- Relation
- S/o
Plaintiffs Documents
Original sanction letter, Original Demand Promissory Note, Original letter of installment with Acceleration Clause, Original declaration Cum undertakings Cum Authority, Original composite hypothecation agreement, Original letter of authority, Original letter of acknowledgment of debt, Copy of Lawyer’s notice, Original postal receipt, Statement of account in Loan Account No.58860600000758
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Aneesh K.M.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dileep Chandran
- Appearance Type
- Main Counsel
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
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 Gokul G Nath regarding Suit For Realization of Money
Case Code Year
Case between Bank of Baroda et al vs Gokul G Nath regarding Suit For Realization of Money