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
The court decreed the suit in favor of the plaintiff, granting them the recovery of Rs.1,95,668.22 with interest from the defendants. The defendants were also made personally liable for the decree debt.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The plaintiff contended that as per the accounting pattern adopted in the plaintiff bank, though the amount deposited in the loan accounts would reflect in the statements, the interest would not be loaded in the loan accounts after the date of classification of the account as NPA.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- represented by its Senior Manager
- Party Role
- Defendant
- Party Name
- Sulaiman C B
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suhail C S
- Party Age
- 26
- Relation
- S/o
Plaintiffs Documents
Sanction Letter dated 02.03.2024, Loan Agreement dated 02.03.2024, Undertaking dated 02.03.2024, Copy of Lawyer notice dated 13.05.2025, Acknowledgment Card, Statement of account bearing No.62640500000618.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh G Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa N U
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy A
- Appearance Type
- Main Counsel
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
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 Sulaiman C B et al regarding realization of money
Case Code Year
Case between Bank of Baroda et al vs Sulaiman C B et al regarding realization of money