Case Summary
The plaintiff, Bank of Baroda, filed a suit against the defendant, Deepa Suni, for recovery of loans amounting to Rs. 4,51,177.28. The defendant failed to repay the loan despite several notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs. 4,51,177.28 along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, decreeing that the defendant owes Rs. 4,51,177.28, along with interest and costs.
Why Plaintiff Won:
The plaintiff established the loan agreements and the failure of the defendant to repay the amounts due.
The plaintiff established the loan agreements and the failure of the defendant to repay the amounts due.
Losing Side's Weaknesses:
The plaintiff established the loan agreements and the failure of the defendant to repay the amounts due.
The plaintiff established the loan agreements and the failure of the defendant to repay the amounts due.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exhibits established his case as pleaded by him.
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize a sum of Rs. 4,51,177.28 from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Deepa Suni
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Sanction letter dated 06.01.2017, Loan agreement cum hypothecation deed dated 06.01.2017, Sanction letter dated 01.10.2018, Loan agreement cum hypothecation deed dated 01.10.2018, Lawyer's notice dated 30.10.2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh G. Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa N.U.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy A.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover a total sum of Rs. 4,51,177.28 from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs. 4,51,177.28 from the defendant and from his assets.
Relief Type:
Injunction
Outcome:
Not Decided
Description:
Plaintiff claimed interest at various rates from the date of suit till date of realization.
Evidence:
The plaintiff has claimed interest @ 12.50%, 21% and 13.25% which is on the higher side and cannot be considered reasonable.
Relief Type:
Injunction
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum from the date of suit till date decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs. 4,51,177.28 from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Injunction
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs. 4,51,177.28 from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Establishes the loan sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
Documents the terms of the loan agreement between the bank and the defendant.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Confirms the approval of the second term loan.
Reference:
Ext.A4
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
Details the second loan agreement between the bank and the defendant.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Serves as proof of the demand made to the defendant for repayment.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Provides evidence of sending lawyer notices to the defendant.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the transaction history of the plaintiff's account related to the loan.
Reference:
Ext.A8
Document Type:
Statement of Credit card
Submitted By:
Plaintiff
Relevance:
Details the credit card transactions of the defendant.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the transaction history of another account related to the loan.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the transaction history of another account related to the loan.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Bank of Baroda vs Deepa Suni regarding loan recovery
Case Code Year
Case between Bank of Baroda vs Deepa Suni regarding loan recovery