Case Summary
The plaintiff, Bank of Baroda, filed a suit against the defendant, Sreejith P.S, for the realization of a personal loan amount. The defendant defaulted on the repayment of Rs.1,92,532.97 along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.1,92,532.97/- along with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay the plaintiff Rs.1,92,532.97 with interest for the defaulted loan. The defendant's assets were also made liable for the decree.
Why Plaintiff Won:
Plaintiff established a case with clear documentation regarding the loan.
Plaintiff established a case with clear documentation regarding the loan.
Losing Side's Weaknesses:
Plaintiff established a case with clear documentation regarding the loan.
Plaintiff established a case with clear documentation regarding the loan.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,92,532.97/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.1,92,532.97/- (Rupees One Lakh ninety two thousand five hundred thirty two and ninety seven paise only) along with interest @14.85% per annum from 19.02.2024 till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda, Vazhakkala Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sreejith P.S
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Loan Sanction letter, Demand promissory note, Letter of installment with acceleration clause, Declaration cum Undertaking cum Authority, Letter of authority by the borrower.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Aneesh K.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dileep Chandran
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay Rs.1,92,532.97/- along with interest to the plaintiff.
Evidence:
Defendant shall pay Rs.1,92,532.97/- (Rupees One Lakh ninety two thousand five hundred thirty two and ninety seven paise only) along with interest @14.85% per annum from 19.02.2024 till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
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:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Original sanction letter dated 07.08.2021 for the loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Demand promissory note for Rs.2,00,000/- executed by the defendant on 07.08.2021.
Reference:
Ext.A2
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Letter of installment with acceleration clause dated 07.08.2021 signed by the defendant.
Reference:
Ext.A3
Document Type:
Declaration Cum Undertaking Cum Authority
Submitted By:
Plaintiff
Relevance:
Declaration cum undertakings cum authority signed by the defendant on 07.08.2021.
Reference:
Ext.A4
Document Type:
Letter of authority
Submitted By:
Plaintiff
Relevance:
Letter of authority by the borrower in favor of employer to deduct the EMI from salary dated 07.08.2021.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal notice issued to the defendant on 03.10.2023.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 05.10.2023 confirming the sending of legal notice.
Reference:
Ext.A7
Document Type:
Returned Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card by the defendant confirming receipt of legal notice.
Reference:
Ext.A8
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Certified true extract of account statement of loan account for details of loan repayment.
Reference:
Ext.A9
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, Vazhakkala Branch vs Sreejith P.S regarding realization of money.
Case Code Year
Case between Bank of Baroda, Vazhakkala Branch vs Sreejith P.S regarding realization of money.