Case Summary
The plaintiff, Bank of Baroda, is seeking to recover a loan amount from the defendant, Awdhesh Kumar, who defaulted on repayment. The case involves a banking dispute over an overdraft loan and subsequent defaulted payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs. 8,76,275.69/- with interest as specified.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case through unchallenged evidence and documentation.
The plaintiff established a case through unchallenged evidence and documentation.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs. 8,76,275.69/- ... Plaintiff is also entitled to realize the costs of the suit.
Parties Involved
Plaintiffs
Bank of Baroda (Age not specified years)
Ernakulam North Branch, 36/637-A, Banerji Road, Ernakulam North, Kochi- 682018
Defendants
Awdhesh Kumar (40 years years)
Bharathi Building, 39/76 C2, 2nd Floor, Mahakavi G Road, Kochi- 682011 residing at Kandinawada, Bithosarif, Gaya Bihar, Pin- 823003
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs. 8,76,275.69/- with specified interest.
Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs. 8,76,275.69/- (Rupees Eight lakhs seventy six thousand two hundred seventy five and sixty nine paise only) with interest @11.35% per annum on Rs.7,91,190.67/- and 9.85% per annum on Rs.85,085.02/- from the 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 liable to satisfy the decree debt.
Evidence:
2) Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
3) Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank to defendant regarding the loan sanction.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by defendant in favour of plaintiff bank for the loan taken.
Reference:
Ext.A2
Document Type:
Declaration cum Undertakings cum Authority
Submitted By:
Plaintiff
Relevance:
Executed by defendant in favour of plaintiff bank.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Executed by defendant in favour of plaintiff bank.
Reference:
Ext.A4
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed by defendant in favour of plaintiff bank for securing the loan.
Reference:
Ext.A5
Document Type:
Letter of Continuing Security
Submitted By:
Plaintiff
Relevance:
Executed by defendant in favour of plaintiff bank.
Reference:
Ext.A6
Document Type:
Power of Attorney in respect of book debts facility
Submitted By:
Plaintiff
Relevance:
Executed by defendant in favour of plaintiff bank.
Reference:
Ext.A7
Document Type:
Offer Letter for pre-approved loan facility under BOB Guaranteed Emergency Credit Line
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank to the defendant regarding a loan facility.
Reference:
Ext.A8
Document Type:
Letter of acceptance of offer for pre-approved BOB Guaranteed Emergency Credit Line Scheme
Submitted By:
Plaintiff
Relevance:
Executed by defendant in favour of the plaintiff bank.
Reference:
Ext.A9
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by defendant in favour of plaintiff bank for the loan taken.
Reference:
Ext.A10
Document Type:
Undertaking Letter from Borrowers
Submitted By:
Plaintiff
Relevance:
Executed by defendant in favour of plaintiff bank.
Reference:
Ext.A11
Document Type:
Loan cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Executed by defendant to secure the loan.
Reference:
Ext.A12
Document Type:
Declaration cum Undertakings cum Authority
Submitted By:
Plaintiff
Relevance:
Executed by defendant regarding obligations towards the loan.
Reference:
Ext.A13
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Executed by defendant in relation to repayment terms of the loan.
Reference:
Ext.A14
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment by defendant of liability towards the loan.
Reference:
Ext.A15
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Issued to the defendant regarding default in payment.
Reference:
Ext.A16
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of delivery of lawyer notice to the defendant.
Reference:
Ext.A17(a)
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Account statement showing transactions for the period relating to the loan.
Reference:
Ext.A18
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Account statement showing transactions for the period relating to the loan.
Reference:
Ext.A19