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
The court decreed in favor of the plaintiff, ordering the defendant to pay a total amount of Rs. 8,76,275.69 along with interest. The court also stated that the defendant's assets are liable to satisfy the decree debt.
Why Plaintiff Won:
The plaintiff established a case through unchallenged evidence and documentation.
The plaintiff established a case through unchallenged evidence and documentation.
Losing Side's Weaknesses:
The plaintiff established a case through unchallenged evidence and documentation.
The plaintiff established a case through unchallenged evidence and documentation.
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. 8,76,275.69/-...
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
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- represented by its Chief Manager
- Party Role
- Defendant
- Party Name
- Awdhesh Kumar
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Sanction letter, Demand promissory note, Declaration cum Undertakings cum Authority, Letter of Undertaking, Composite hypothecation agreement, Letter of Continuing Security, Power of Attorney, Offer Letter for pre-approved loan facility, Letter of acceptance of offer for pre-approved BOB Guaranteed Emergency Credit Line Scheme, Demand promissory note, Undertaking letter from borrowers, Loan cum hypothecation agreement, Declaration cum Undertakings cum authority, Letter of Installment with acceleration clause, Letter of acknowledgment of debt, Office copy of lawyer notice, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh G Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy A
- Appearance Type
- Assisting Counsel
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
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 Awdhesh Kumar regarding realization of money.
Case Code Year
Case between Bank of Baroda vs Awdhesh Kumar regarding realization of money.