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O.S No. 515/2024

Case between Bank of Baroda vs Bibin Moncy, Moncy T.U regarding recovery of money

Court
THE COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-03-26
Duration

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiff, Bank of Baroda, filed a suit against the defendants, Bibin Moncy and Moncy T.U, for recovery of an education loan amounting to ₹1,51,448.61 due to non-payment despite multiple requests. The court delivered a judgment in favor of the plaintiff.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit directing the defendants to pay the amount of ₹1,51,448.61 to the plaintiff with interest. The court allowed the claim for the principal due but limited the interest awarded.
Judgment Favored
Plaintiff
Relief Granted
Defendants ordered to pay ₹1,51,448.61 with interest
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfied the court that the plaintiff's claim was valid.

Judgment Evidence:

In the result, The suit is decreed directing the defendant to pay an amount of 1,51,448.61/- (Rupees One Lakhs Fifty One Thousand Four Hundred and Forty Eight point Sixty one paise Only) with 9% interest per annum from the date of suit till the date of decree.

Parties Involved

Plaintiffs

Bank of Baroda (Age not specified years) Vyttila branch, 1st Floor, near Welcare hospital, S.A.Road, Vytilla, Ernkulam – 682 019

Defendants

Bibin Moncy (29 years years) Thonattu house, 50/1091, Bund Road, Ernakulam – 682 019 Moncy T.U (53 years years) Thonattu house, 50/1091, Bund Road, Ernakulam – 682 019

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff's claim for recovery of ₹1,51,448.61 from the defendants.
Evidence:
The suit is decreed directing the defendant to pay an amount of 1,51,448.61/- (Rupees One Lakhs Fifty One Thousand Four Hundred and Forty Eight point Sixty one paise Only) with 9% interest per annum from the date of suit till the date of decree.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff is entitled for the costs of the litigation.
Evidence:
The plaintiff is also entitled for the costs of the litigation.

Documents & Evidence

Document Type: Sanction letter
Submitted By: Plaintiff
Relevance:
Issued by the Plaintiff bank to the defendant as part of the loan agreement.
Reference:
Ext.A1
Document Type: Articles of agreement
Submitted By: Plaintiff
Relevance:
Executed by the defendants as security for the loan repayment.
Reference:
Ext.A2
Document Type: Letter of acknowledgment of liability
Submitted By: Plaintiff
Relevance:
Acknowledged by the defendants confirming their liability.
Reference:
Ext.A3
Document Type: Letter of acknowledgment of debt
Submitted By: Plaintiff
Relevance:
Executed by the defendant acknowledging the debt.
Reference:
Ext.A4
Document Type: Copy of the lawyer notice
Submitted By: Plaintiff
Relevance:
Issued to the defendants demanding payment.
Reference:
Ext.A5
Document Type: Postal Receipts
Submitted By: Plaintiff
Relevance:
Two postal receipts related to the delivery of documents.
Reference:
Ext.A6
Document Type: A/d Card
Submitted By: Plaintiff
Relevance:
Two A/d cards related to the communication with the defendants.
Reference:
Ext.A7
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Showing the loan account details of the first defendant.
Reference:
Ext.A8

Quick Facts

Location
Ernakulam
Case Filed
Mon, 07/11/2016 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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