Case Summary
The plaintiff, Bank of Baroda, issued a loan to the defendant, Surabhi Jayan, for the purchase of a two-wheeler. The defendant failed to repay the loan as agreed, leading to the plaintiff taking legal action to recover the owed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 13,796.51/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the amount owed by the defendant along with interest.
Why Plaintiff Won:
The plaintiff provided unchallenged proof of the loan agreement and the defendant's acknowledgment of liability.
The plaintiff provided unchallenged proof of the loan agreement and the defendant's acknowledgment of liability.
Losing Side's Weaknesses:
The plaintiff provided unchallenged proof of the loan agreement and the defendant's acknowledgment of liability.
The plaintiff provided unchallenged proof of the loan agreement and the defendant's acknowledgment of liability.
Supporting Evidence
Upon considering the unchallenged oral testimony of PW1, it is evident that the defendant availed a vehicle loan by making an application dated 29.09.2015. The defendant acknowledged her liability but failed to repay, thus the plaintiff proved her case.
Judgment Evidence:
In the result, the suit is decreed with costs of the plaintiff as follows. The plaintiff is entitled to realize an amount of Rs. 13,796.51/- (Rupees Thirteen Thousand Seven Hundred and Ninety Six and Five One paisa) from the defendant with 9% interest per annum from the date of suit till the date of decree and thereafter, 6% interest per annum till the date of realization from the defendant and his assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda (Erstwhile Vijaya Bank)
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Surabhi Jayan
- Party Age
- 47
- Relation
- W/o
Plaintiffs Documents
Sanction letter, Loan agreement cum hypothecation deed, Letter of acknowledgment of liability, Office copy of Lawyer notice, Statement of account
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:
The plaintiff is entitled to recover an amount from the defendant.
Evidence:
Therefore, the plaintiff by virtue of unchallenged proof affidavit and the documents Ext. A1 to A5 have proved her case and therefore, the plaintiff is entitled to get the decree as prayed for.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
The sanction letter evidences the approval of the loan amount to the defendant.
Reference:
Ext.A1
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
The loan agreement documents the terms under which the defendant received the loan.
Reference:
Ext.A2
Document Type:
Letter of acknowledgment of liability
Submitted By:
Plaintiff
Relevance:
The acknowledgment letter shows the defendant acknowledged her debt.
Reference:
Ext.A3
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
The lawyer's notice served as a demand for payment from the defendant.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The account statement outlines the outstanding liability of the defendant.
Reference:
Ext.A5
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 Surabhi Jayan regarding realization of money
Case Code Year
Case between Bank of Baroda et al vs Surabhi Jayan regarding realization of money