Case Summary
The case involves Bank of Baroda seeking repayment of loans from Deepthy Anurag, who failed to repay the borrowed amounts. The court found in favor of the plaintiff due to the defendant's non-appearance and acknowledgment of liability.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize a sum of Rs.7,85,646/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established their claim through unrebutted evidence.
The plaintiff established their claim through unrebutted evidence.
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize a sum of Rs.7,85,646/- (Rupees seven lakhs eighty five thousand six hundred and forty six only) from the defendant and from his assets.
Parties Involved
Plaintiffs
Bank of Baroda (Age not specified years)
36/637-A Banerji Road, Ernakkulam North, Kochi-682 018
Defendants
Deepthy Anurag (41 years years)
73/1201E, Indu Tower, Kattungal, Pachalam, Ernakulam- 682 012
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize a sum of Rs.7,85,646/- from the defendant.
Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize a sum of Rs.7,85,646/- (Rupees seven lakhs eighty five thousand six hundred and forty six only) from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest on the sum from the date of suit till date of decree.
Evidence:
2. Plaintiff is entitled to realize interest @ 11.30% per annum for Rs.7,85,646/- from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest from date of decree till date of realization.
Evidence:
3. Plaintiff is entitled to realize interest @ 6% per annum for Rs.7,85,646/- from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
4. Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter for the term loan issued by the plaintiff to the defendant.
Reference:
Ext.A1
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter for the working capital loan issued by the plaintiff to the defendant.
Reference:
Ext.A2
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff in the term loan account.
Reference:
Ext.A3
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff in the working capital loan account.
Reference:
Ext.A4
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter issued by the plaintiff while the working capital loan was renewed.
Reference:
Ext.A5
Document Type:
Letter of acknowledgment of liability
Submitted By:
Plaintiff
Relevance:
Acknowledgment of liability in the Term Loan account issued by the defendant to the plaintiff.
Reference:
Ext.A6
Document Type:
Letter of acknowledgment of liability
Submitted By:
Plaintiff
Relevance:
Acknowledgment of liability in the Working Capital Loan account issued by the defendant to the plaintiff.
Reference:
Ext.A7
Document Type:
Letter of acknowledgment of liability
Submitted By:
Plaintiff
Relevance:
Acknowledgment of liability in the Term Loan account issued by the defendant to the plaintiff.
Reference:
Ext.A8
Document Type:
Letter of acknowledgment of liability
Submitted By:
Plaintiff
Relevance:
Acknowledgment of liability in the Working Capital Loan account issued by the defendant to the plaintiff.
Reference:
Ext.A9
Document Type:
Office Copy of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding the balance amount from the defendant.
Reference:
Ext.A10
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the lawyer's notice sent to the defendant.
Reference:
Ext.A11
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account for the term loan for the specified period along with certification.
Reference:
Ext.A12
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account for the working capital loan for the specified period along with certification.
Reference:
Ext.A13
Document Type:
Non-starter report
Submitted By:
Plaintiff
Relevance:
Report issued by Secretary, Ernakulam District Legal Service Authority.
Reference:
Ext.A14
Document Type:
Judgment
Submitted By:
Court
Relevance:
Judgment in unnumbered C.S of 2022 issued by the Commercial Court.
Reference:
Ext.A15