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
The suit is decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount with interest and costs.
Why Plaintiff Won:
The plaintiff established their claim through unrebutted evidence.
The plaintiff established their claim through unrebutted evidence.
Losing Side's Weaknesses:
The plaintiff established their claim through unrebutted evidence.
The plaintiff established their claim through unrebutted evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A15 established the case as pleaded by the plaintiff. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- represented by its Chief Manager
- Party Role
- Defendant
- Party Name
- Deepthy Anurag
- Party Age
- 41
Plaintiffs Documents
Original sanction letter No. 16.12.2017, Loan agreement cum hypothecation deed No. 16.12.2017, Acknowledgment letters dated 10.01.2019 and 30.03.2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh G. Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy A.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa N.U.
- Appearance Type
- Assisting Counsel
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
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 Deepthy Anurag regarding realization of money.
Case Code Year
Case between Bank of Baroda vs Deepthy Anurag regarding realization of money.