Case Summary
The case involves Bank of Baroda, which is seeking recovery of a loan amount from Anil Kumar, the proprietor of M/s ABT-N-MART Distributors. The defendant failed to adhere to the loan repayment schedule, resulting in the plaintiff filing this suit for the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize a sum of Rs.52,795/- plus interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing recovery of the outstanding loan amount. The plaintiff is awarded interest and costs.
Why Plaintiff Won:
The plaintiff proved the case through testimonies and supporting documents, with no counter-evidence from the defendant.
The plaintiff proved the case through testimonies and supporting documents, with no counter-evidence from the defendant.
Losing Side's Weaknesses:
The plaintiff proved the case through testimonies and supporting documents, with no counter-evidence from the defendant.
The plaintiff proved the case through testimonies and supporting documents, with no counter-evidence from the defendant.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A7 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize a sum of Rs.52,795/- from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anil Kumar
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Original sanction letter dated 30.03.2017, Loan agreement cum hypothecation deed dated 30.03.2017, Letter of acknowledgment of liability dated 31.03.2019, Letter of acknowledgment of liability dated 08.03.2022, Copy of lawyer’s notice dated 07.02.2015.
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
- Ravathy Sreekumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.52,795/- from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.52,795/- (Rupees Fifty Two Thousand Seven Hundred and Ninety Five only) from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 12% per annum from the date of the suit till the date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.52,795/- from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 6% per annum from the date of the suit till the date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.52,795/- from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
This document is evidence of the loan sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Original Loan Agreement cum hypothecation deed
Submitted By:
Plaintiff
Relevance:
This document details the terms of the loan agreement executed by the defendant.
Reference:
Ext.A2
Document Type:
Letter of acknowledgment of liability
Submitted By:
Plaintiff
Relevance:
This document shows the defendant's acknowledgment of his liability towards the loan.
Reference:
Ext.A3
Document Type:
Letter of acknowledgment of liability
Submitted By:
Plaintiff
Relevance:
This document indicates another acknowledgment of liability by the defendant.
Reference:
Ext.A4
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
This document is the lawyer’s notice demanding repayment from the defendant.
Reference:
Ext.A5
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the legal notice sent to the defendant.
Reference:
Ext.A6
Document Type:
Statement of account along with certification
Submitted By:
Plaintiff
Relevance:
This document outlines the outstanding amount and the payment history.
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 vs Anil Kumar regarding realization of money.
Case Code Year
Case between Bank of Baroda vs Anil Kumar regarding realization of money.