Case Summary
The case involves Bank of Baroda suing Nima T G and Mini Antony for loan repayment. The defendants failed to repay a loan taken for purchasing tailoring machines and have been declared in default.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.76,043.98/- along with specified interest to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case based on unchallenged evidence and the defendants' acknowledgment of debt.
The plaintiff established a case based on unchallenged evidence and the defendants' acknowledgment of debt.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.76,043.98/- (Rupees seventy six thousand forty three and ninety eight paise only) along with interest @13.35% 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.
Parties Involved
Plaintiffs
Bank of Baroda (Erstwhile Vijaya Bank) (Age not specified years)
Nettor branch, INTUC Junction, Nettoor, Ernakulam- 682019
Defendants
Nima T G @ Nima Sumesh (38 years years)
Thachanadan House, Ambalakkadavu Road, Nettoor P O, Ernakulam- 682040
Mini Antony (38 years years)
Ameparambil House, Kumbalam P O, Ernakulam- 682506
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount due from the defendants.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.76,043.98/- with interest from defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are directed to pay interest on the amount due.
Evidence:
Defendants shall pay interest at the rate of 13.35% 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.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document shows the sanction of the loan amount by the plaintiff bank to the defendants.
Reference:
Ext.A1
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan agreement executed by the first defendant in favour of the plaintiff.
Reference:
Ext.A2
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
This document is the guarantee executed by the second defendant in favour of the plaintiff bank.
Reference:
Ext.A3
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
This document confirms the defendants' acknowledgment of their debt.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the plaintiff bank to the defendants demanding repayment.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts document the communication sent to the defendants regarding the loan.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides the account details and transaction history from the loan's initiation to the judgment date.
Reference:
Ext.A7