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
Judgment Favored
Plaintiff
Relief Granted
Defendant is ordered to pay Rs.3,93,481/- along with interest.
Case Type
Civil Suit
Final Judgment
No
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.
Why Plaintiff Won:
The plaintiff established a clear case of default on the loan repayment.
The plaintiff established a clear case of default on the loan repayment.
Losing Side's Weaknesses:
The plaintiff established a clear case of default on the loan repayment.
The plaintiff established a clear case of default on the loan repayment.
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.3,93,481/- with interest from defendant.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda Thrikkakara Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anshad Kallukulam
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Loan application dated 10.05.2022, Sanction letter dated 12.05.2022, Declaration cum undertaking cum authority dated 13.05.2022, Demand promissory note dated 13.05.2022, Composite hypothecation agreement dated 13.05.2022, Letter of Continuing Security dated 13.05.2022, Lawyer notice dated 28.05.2024, Acknowledgment Card, Statement of account from 13.05.2022 to 21.11.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P M M Najeebkhan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S Abubacker Kunju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Meharunnisa Najeeb
- Appearance Type
- Main Counsel
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
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 Anshad Kallukulam regarding realization of money.
Case Code Year
Case between Bank of Baroda vs Anshad Kallukulam regarding realization of money.