Case Summary
Bank of Baroda filed a suit against Binoy Jacob for recovery of a vehicle loan. The defendant failed to repay the loan amount and the bank sought a conditional order of attachment of the vehicle.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for a conditional order of attachment of the vehicle was dismissed by the court.
Key Reasoning:
The petitioner failed to establish the grounds for apprehension regarding the removal of the vehicle.
The petitioner failed to establish the grounds for apprehension regarding the removal of the vehicle.
Why Defendant Won:
The petitioner failed to establish the grounds for apprehension regarding the removal of the vehicle.
The petitioner failed to establish the grounds for apprehension regarding the removal of the vehicle.
Supporting Evidence
The points laid down by the Hon'ble High Court regarding the basis of apprehension were not satisfied by the petitioner.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Binoy Jacob
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
True copy of the loan application, True copy of the Demand Promissory Note for an amount of Rs.8,30,000/- executed by the defendant, True copy of the Instrument of Hypothecation of Vehicle executed by the defendant, True copy of Declaration-cum-Undertakings-cum-Authority, True copy of letter of installment with acceleration clause, True copy of letter Acknowledgment of debt, True copy of lawyer notice issued to the defendant, Copy of the returned postal cover of the defendant, Statement of account bearing A/c no. 74800600001908 issued by the plaintiff bank for the period from 13.10.21 to 30.04.25
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Nagaraj Narayanan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saijo Hassan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Benoj C Augustine
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Devi R Sens
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswin K.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.K.Antony
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.P.Remesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bigu K.G
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sibi Thomas Jacob
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Request for conditional order of attachment of a vehicle.
Evidence:
The point is found against the petitioner. In the result, the petition is dismissed.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted as part of the evidence to support the loan agreement.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant for the loan amount.
Reference:
Ext.A2
Document Type:
Instrument of Hypothecation of Vehicle
Submitted By:
Plaintiff
Relevance:
Shows that the vehicle was hypothecated in favour of the plaintiff.
Reference:
Ext.A3
Document Type:
Declaration-cum-Undertakings-cum-Authority
Submitted By:
Plaintiff
Relevance:
Part of the loan documentation process.
Reference:
Ext.A4
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Document related to the repayment terms of the loan.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Shows the defendant's acknowledgment of the debt.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demand for repayment sent to the defendant.
Reference:
Ext.A7
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Evidence of the defendant not receiving the demand notice.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the transactions in the account related to the loan.
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 Binoy Jacob regarding vehicle loan recovery
Case Code Year
Case between Bank of Baroda vs Binoy Jacob regarding vehicle loan recovery