Case Summary
The plaintiff, Bank of Baroda, seeks recovery of outstanding dues from the defendant, Joe Mammen, who failed to repay various loans. The case involves loans sanctioned for business purposes, which the defendant did not repay despite legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.8,50,283.36 and interest @12% per annum from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover Rs.8,50,283.36 from the defendant along with applicable interest and costs of the suit.
Why Plaintiff Won:
The unrebutted oral testimony and evidence established the plaintiff's claim and confirmed the defendant's outstanding dues.
The unrebutted oral testimony and evidence established the plaintiff's claim and confirmed the defendant's outstanding dues.
Losing Side's Weaknesses:
The unrebutted oral testimony and evidence established the plaintiff's claim and confirmed the defendant's outstanding dues.
The unrebutted oral testimony and evidence established the plaintiff's claim and confirmed the defendant's outstanding dues.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A23 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows: Plaintiff is entitled to realize Rs.8,50,283.36 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
- Joe Mammen
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Loan Sanction letter dated 27.02.2017, Demand promissory note for Rs.5,00,000/-, Letter of Continuing Security, Declarations cum Undertaking cum Authority, Composite Hypothecation Agreement, Loan Sanction letter dated 10.07.2020, Demand Promissory Note dated 15.07.2020, Letter of Installment with Acceleration Clause, Loan Cum Hypothecation Agreement, Loan Sanction letter dated 19.03.2021, Demand Promissory Note for Rs.48,000/-
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Aneesh K.M.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shashank Devan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Santhosh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dileep Chandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Biju Varghese Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.8,50,283.36/- from the defendant.
Evidence:
In the result, suit is decreed as follows: Plaintiff is entitled to realize Rs.8,50,283.36/- (Rupees Eight Lakh Fifty Thousand Two Hundred and Eighty Three and Thirty Six paise only) from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum on the amount from date of suit until the date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.8,50,283.36/- (Rupees Eight Lakh Fifty Thousand Two Hundred and Eighty Three and Thirty Six paise only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @6% per annum on the amount from date of decree until realization.
Evidence:
Plaintiff is entitled to realize interest @6% per annum for Rs.8,50,283.36/- (Rupees Eight Lakh Fifty Thousand Two Hundred and Eighty Three and Thirty Six paise only)from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Established the terms of the Mudra loan sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Secured the Mudra loan of Rs.5,00,000/-.
Reference:
Ext.A2
Document Type:
Letter of Continuing Security
Submitted By:
Plaintiff
Relevance:
Provided assurance for loan repayment.
Reference:
Ext.A3
Document Type:
Declarations cum Undertaking cum Authority
Submitted By:
Plaintiff
Relevance:
Executed by the defendant as part of loan security.
Reference:
Ext.A4
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Details regarding the hypothecation of assets for the Mudra loan.
Reference:
Ext.A5
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Established the terms of the BGECLS loan sanctioned to the defendant.
Reference:
Ext.A6
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Secured the BGECLS loan of Rs.1,00,000/-.
Reference:
Ext.A7
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Details regarding repayment terms for the BGECLS loan.
Reference:
Ext.A8
Document Type:
Declarations cum Undertaking cum Authority
Submitted By:
Plaintiff
Relevance:
Executed by the defendant as part of loan security.
Reference:
Ext.A9
Document Type:
Loan cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Details regarding the hypothecation of assets for the BGECLS loan.
Reference:
Ext.A10
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Established the terms of the FITL loan sanctioned to the defendant.
Reference:
Ext.A11
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Secured the FITL loan of Rs.48,000/-.
Reference:
Ext.A12
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Details regarding repayment terms for the FITL loan.
Reference:
Ext.A13
Document Type:
Declarations cum Undertaking cum Authority
Submitted By:
Plaintiff
Relevance:
Executed by the defendant as part of loan security.
Reference:
Ext.A14
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Details regarding the hypothecation of assets for the FITL loan.
Reference:
Ext.A15
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt for Mudra loan.
Reference:
Ext.A16
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt for Mudra loan.
Reference:
Ext.A17
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt for BGECLS loan.
Reference:
Ext.A18
Document Type:
Office copy legal notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued for recovery of dues.
Reference:
Ext.A19
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Proof of attempted service of notice on the defendant.
Reference:
Ext.A20
Document Type:
Certified true extract of Account Statement
Submitted By:
Plaintiff
Relevance:
Statement of account for Mudra CC Loan.
Reference:
Ext.A21
Document Type:
Certified true extract of Account Statement
Submitted By:
Plaintiff
Relevance:
Statement of account for BGECLS Loan.
Reference:
Ext.A22
Document Type:
Certified true extract of Account Statement
Submitted By:
Plaintiff
Relevance:
Statement of account for FITL Loan.
Reference:
Ext.A23
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 Joe Mammen regarding Suit For Realization Of Money
Case Code Year
Case between Bank of Baroda et al vs Joe Mammen regarding Suit For Realization Of Money