Case Summary
The Bank of Baroda filed a suit for the realization of money owed by the defendants due to a loan default. The defendants failed to repay the loan amount despite several notices from the plaintiff.
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 the documents would establish the case of the plaintiff.
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
Losing Side's Weaknesses:
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
Supporting Evidence
There is no evidence to rebut the evidence adduced on the side of the plaintiff. Hence the plaintiff is entitled to the reliefs as claimed for.
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.
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:
Plaintiff sought recovery of the outstanding loan amount.
Evidence:
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.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The document was used to establish the loan sanctioned to the first defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document proves the agreement regarding the loan amount.
Reference:
Ext.A2
Document Type:
Composite Hypothecation Agreement for Agriculture Finance
Submitted By:
Plaintiff
Relevance:
It details the hypothecation agreement pertaining to the secured loan.
Reference:
Ext.A3
Document Type:
General form of guarantee
Submitted By:
Plaintiff
Relevance:
This document signifies the guarantees provided by co-defendants for the loan.
Reference:
Ext.A4
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
These letters acknowledge the outstanding debt by the defendants.
Reference:
Ext.A5, Ext.A6
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to demand repayment of the loan.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts verify the sending of the lawyers notice.
Reference:
Ext.A8
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These cards confirm the receipt of communications related to the loan.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement provides details on the account balance and transactions.
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
Non-payment of rent
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