Case Summary
The Bank of Baroda has filed a suit against Chikku Nainan and others for the realization of a loan amount. The defendants defaulted on the repayment of a BKCC loan availed for agriculture purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay to the plaintiff the sum of Rs.4,46,930/- along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaint averments, affidavit, and documents establish the case of the plaintiff.
The plaint averments, affidavit, and documents establish the case of the plaintiff.
Losing Side's Weaknesses:
The plaint averments, affidavit, and documents establish the case of the plaintiff.
The plaint averments, affidavit, and documents establish the case of the plaintiff.
Supporting Evidence
The plaint averments, affidavit, and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of Rs.4,46,930/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Bank of Baroda
- Party Role
- Defendant
- Party Name
- Chikku Nainan
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nainan V Abraham
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Minimol Nainan
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nandhu Nainan
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Loan Application, Demand Promissory Note, Composite Hypothecation Agreement, General form of Guarantee, Letters of Acknowledgment of debt, Lawyers Notice, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sherli George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount.
Evidence:
Hence the suit was decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of Rs.4,46,930/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document establishing the loan request made by the first defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the defendant's promise to pay the loan amount.
Reference:
Ext.A2
Document Type:
Composite Hypothecation Agreement for Agriculture Finance
Submitted By:
Plaintiff
Relevance:
Document detailing the agreement for securing the loan.
Reference:
Ext.A3
Document Type:
General form of guarantee
Submitted By:
Plaintiff
Relevance:
Document providing guarantee for the loan by the other defendants.
Reference:
Ext.A4
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment from the defendants recognizing their debt.
Reference:
Ext.A5
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Further acknowledgment from the defendants regarding their outstanding debt.
Reference:
Ext.A6
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the plaintiff to demand payment from the defendants.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending notices to the defendants.
Reference:
Ext.A8
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the notices by the defendants.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document showing the outstanding balance in the defendants' account.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between The Bank of Baroda vs Chikku Nainan et al regarding realization of money
Case Code Year
Case between The Bank of Baroda vs Chikku Nainan et al regarding realization of money