Case Summary
The case involves the Bank of Baroda seeking recovery of outstanding dues from Abdul Azeez related to an Overdraft and a Term Loan. The defendant failed to repay the borrowed amounts, leading the plaintiff to file the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.8,85,746.14/- to be realized from the defendant and his assets, along with specified interest rates.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, awarding them the total amount due along with interest. The plaintiff is entitled to recover costs from the defendant's assets.
Why Plaintiff Won:
The plaintiff established its case through the unrebutted testimony and evidence presented, confirming the debts owed by the defendant.
The plaintiff established its case through the unrebutted testimony and evidence presented, confirming the debts owed by the defendant.
Losing Side's Weaknesses:
The plaintiff established its case through the unrebutted testimony and evidence presented, confirming the debts owed by the defendant.
The plaintiff established its case through the unrebutted testimony and evidence presented, confirming the debts owed by the defendant.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A16 established his case as pleaded by him. It shows that the defendant has not repaid the plaint claim.
Judgment Evidence:
In the result, suit is decreed as follows: The Plaintiff is entitled to realize Rs.8,85,746.14/- from the defendants and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Abdul Azeez
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Original sanction letter, Demand promissory note, Composite Hypothecation Agreement, Declaration cum Undertaking, Letter of continuing Security, Letter of Sole Proprietorship, lawyer notice, account statements.
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
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy A.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Revathy Sreekumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The Plaintiff is entitled to recover Rs.8,85,746.14 from the defendant.
Evidence:
The Plaintiff is entitled to realize Rs.8,85,746.14 (Rupees Eight lakhs Eighty Five Thousand Seven Hundred Forty Six and Fourteen paise only) from the defendants and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The Plaintiff is entitled to realize interest at 12% per annum from the date of suit till date of decree.
Evidence:
The Plaintiff is entitled to realize interest @ 12% per annum for Rs.8,85,746.14/- from the date of suit till date decree from the defendants and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The Plaintiff is entitled to realize interest at 6% per annum from date of decree till date of realization.
Evidence:
The Plaintiff is entitled to realize interest @ 6% per annum for Rs.8,85,746.14/- from date of decree till date of realization from the defendants and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The Plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
The Plaintiff is entitled to realize costs of the suit from defendants and from his assets.
Documents & Evidence
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
This document shows the details of the Overdraft facility sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the defendant's agreement to repay the Overdraft amount.
Reference:
Ext.A2
Document Type:
Original composite hypothecation agreement
Submitted By:
Plaintiff
Relevance:
This document secures the Overdraft loan with the defendant's assets.
Reference:
Ext.A3
Document Type:
Original Declaration cum Undertaking
Submitted By:
Plaintiff
Relevance:
This document states the terms agreed upon by the defendant regarding securing the loan.
Reference:
Ext.A4
Document Type:
Original letter of continuing Security
Submitted By:
Plaintiff
Relevance:
This document continues the security agreement for the loan provided to the defendant.
Reference:
Ext.A5
Document Type:
Original letter of sole proprietorship
Submitted By:
Plaintiff
Relevance:
This document outlines the defendant's status as the sole proprietor for securing the loans.
Reference:
Ext.A6
Document Type:
Original Demand Promissary Note
Submitted By:
Plaintiff
Relevance:
This document evidences the defendant's agreement to repay the Term Loan amount.
Reference:
Ext.A7
Document Type:
Original composite hypothecation agreement
Submitted By:
Plaintiff
Relevance:
This document secures the Term Loan with the defendant's assets.
Reference:
Ext.A8
Document Type:
Original Declaration cum Undertaking cum Authority
Submitted By:
Plaintiff
Relevance:
This document states the terms agreed upon by the defendant for securing the Term Loan.
Reference:
Ext.A9
Document Type:
Original letter of Installment with Acceleration Clause
Submitted By:
Plaintiff
Relevance:
This document specifies the repayment terms for the Term Loan.
Reference:
Ext.A10
Document Type:
Original letter of sole proprietorship
Submitted By:
Plaintiff
Relevance:
This document outlines the defendant's status as the sole proprietor for securing the Term Loan.
Reference:
Ext.A11
Document Type:
Copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This document shows that the bank notified the defendant to repay the loan.
Reference:
Ext.A12
Document Type:
Original of acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of receipt of the notice by the defendant.
Reference:
Ext.A13
Document Type:
Printout of Statement of Account
Submitted By:
Plaintiff
Relevance:
This document details the transactions in the defendant's overdraft account.
Reference:
Ext.A14
Document Type:
Printout of Statement of Account
Submitted By:
Plaintiff
Relevance:
This document details the transactions in the defendant's term loan account.
Reference:
Ext.A15
Document Type:
Certified copy of the Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes ownership of the property by the defendant.
Reference:
Ext.A16
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Bank of Baroda vs Abdul Azeez regarding realization of money
Case Code Year
Case between Bank of Baroda vs Abdul Azeez regarding realization of money