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O.S. No. 1307/2024

Case between Bank of Baroda vs Anshad Kallukulam regarding realization of money.

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany.
Order Date
2025-07-17
Duration
approximately-3 years 2 months

Judgement document from eCourt website

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Case Summary

The plaintiff, Bank of Baroda, has filed a suit against the defendant, Anshad Kallukulam, for the realization of a loan amount due. The defendant defaulted on a Mudra Yojana loan, leading the plaintiff to seek recovery of the outstanding amount.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest. The defendant's personal assets were also made liable for the decree debt.
Judgment Favored
Plaintiff
Relief Granted
Defendant is ordered to pay Rs.3,93,481/- along with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a clear case of default on the loan repayment.

Judgment Evidence:

In the result, suit is decreed as follows: 1) Defendant shall pay Rs.3,93,481/- (Rupees Three lakhs ninety three thousand four hundred and eighty one only) along with interest @12% per annum from the date of suit till the date of decree.

Parties Involved

Plaintiffs

Bank of Baroda Thrikkakara Branch (Age not specified years) Bhaskara building, Seaport airport road, Mavelipuram, Kakkanadu, Pin- 682021

Defendants

Anshad Kallukulam (39 years) Kallukulam House, HMT Colony, Thrikkakara North, Ernakulam, Pin- 683503

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendant shall pay Rs.3,93,481/- along with interest.
Evidence:
Defendant shall pay Rs.3,93,481/- (Rupees Three lakhs ninety three thousand four hundred and eighty one only) along with interest @12% 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.
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 Application
Submitted By: Plaintiff
Relevance:
Defendant approached Thrikkakara branch of the plaintiff bank seeking to avail a mudra yojana loan facility.
Reference:
Ext.A1
Document Type: Sanction letter with terms and conditions
Submitted By: Plaintiff
Relevance:
Sanction letter dated 12.05.2022 for the loan.
Reference:
Ext.A2
Document Type: Declaration Cum Undertaking Cum Authority
Submitted By: Plaintiff
Relevance:
Document executed by defendant on 13.05.2022.
Reference:
Ext.A3
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Promissory note dated 13.05.2022 executed by the defendant.
Reference:
Ext.A4
Document Type: Composite Hypothecation Agreement
Submitted By: Plaintiff
Relevance:
Agreement dated 13.05.2022 regarding the hypothecation of stock.
Reference:
Ext.A5
Document Type: Letter of Continuing Security
Submitted By: Plaintiff
Relevance:
Executed on 13.05.2022, it outlines security terms.
Reference:
Ext.A6
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice issued on 28.05.2024 demanding repayment.
Reference:
Ext.A7
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Postal acknowledgment of the lawyer notice received by the defendant.
Reference:
Ext.A8
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Account statement for the period from 13.05.2022 to 21.11.2024.
Reference:
Ext.A9

Quick Facts

Location
Ernakulam
Case Filed
Thu, 05/12/2022 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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