Case Summary
The case involves Bank of Baroda seeking repayment from defendants Sulaiman C B and Suhail C S for a loan amount of Rs.2,00,000. The defendants defaulted on the repayment, prompting the bank to file a suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.1,95,668.22/- along with interest @11.60% 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.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established a case for recovery based on the loan agreement and defendants' default.
Plaintiff established a case for recovery based on the loan agreement and defendants' default.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.1,95,668.22/- (Rupees One lakh ninety five thousand six hundred sixty eight and twenty two paise only) along with interest @11.60% 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
Plaintiffs
Bank of Baroda (Age not specified years)
Nettoor branch, INTUC Junction, Nettoor, Ernakulam - 682 019
Defendants
Sulaiman C B (64 years)
Chitteparambil House, Nettoor, Ernakulam - 682 040
Suhail C S (26 years)
Chitteparambil House, Nettoor, Ernakulam - 682 040
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the loan amount with interest.
Evidence:
The plaintiff is entitled to recover the outstanding amounts from the defendants and their assets including plaint schedule property with interest @ 11.60% per annum as per agreement.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the loan amount was requested and granted.
Evidence:
defendants shall pay interest at the rate of 11.60% 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:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to costs associated with the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank to the defendants regarding the loan approval.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendants in favor of the plaintiff for the loan.
Reference:
Ext.A2
Document Type:
Undertaking
Submitted By:
Plaintiff
Relevance:
Executed by the defendants in favor of the plaintiff concerning loan repayment.
Reference:
Ext.A3
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank to the defendants demanding repayment of the loan.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the lawyer notice by the defendants.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the amount due from the defendants to the plaintiff as of the date of suit.
Reference:
Ext.A6
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Related to the plaint schedule property and supports the plaintiff's claim.
Reference:
Ext.A7