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
Judgment Favored
Plaintiff
Relief Granted
Defendants ordered to pay ₹1,51,448.61 with interest
Case Type
Civil Suit
Final Judgment
No
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.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfied the court that the plaintiff's claim was valid.
The unchallenged proof affidavit and documents satisfied the court that the plaintiff's claim was valid.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfied the court that the plaintiff's claim was valid.
The unchallenged proof affidavit and documents satisfied the court that the plaintiff's claim was valid.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Bibin Moncy
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Moncy T.U
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Sanction letter No. A1, Articles of agreement No. A2, Acknowledgment of liability No. A3, Acknowledgment of debt No. A4, Lawyer notice No. A5, Postal receipts, A/d card, 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
- Party Role
- Plaintiff
- Advocate Name
- Deepa N.U
- Appearance Type
- Assisting Counsel
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
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 Bibin Moncy, Moncy T.U regarding recovery of money
Case Code Year
Case between Bank of Baroda vs Bibin Moncy, Moncy T.U regarding recovery of money