Case Summary
The Bank of Baroda is seeking to recover a loan amount from Fahad Rahman. P. P, who is a sole proprietor of a software company. The defendant has defaulted on loan repayments and the plaintiff is entitled to seek judgment for the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs.2,16,680/- to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Case Type
Civil Suit
Final Judgment
No
The court has decreed in favor of the plaintiff, directing the defendant to pay the outstanding loan amount along with interest. The plaintiff is also entitled to recover costs of the suit.
Why Plaintiff Won:
The claim of the plaintiff is proved by the affidavit of PW1 and documents No.A1 to A15.
The claim of the plaintiff is proved by the affidavit of PW1 and documents No.A1 to A15.
Losing Side's Weaknesses:
The claim of the plaintiff is proved by the affidavit of PW1 and documents No.A1 to A15.
The claim of the plaintiff is proved by the affidavit of PW1 and documents No.A1 to A15.
Supporting Evidence
The plaint claim of borrowal of the amount, the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A15. The claim of the plaintiff that he is entitled to get an interest at the rate of 13% cannot be entertained as it is exorbitant.
Judgment Evidence:
In the result, The suit is decreed as follows: 1. The defendant is directed to pay Rs.2,16,680/- to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Bank of Baroda
- Party Role
- Defendant
- Party Name
- Fahad Rahman. P. P
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Loan application submitted by defendant, Sanction letter issued by plaintiff, Loan Agreement cum Hypothecation deed for priority executed by defendant, Letter of acknowledgment of debt executed by defendant, Application for availing relief under loan submitted by defendant, Demand promissory note executed by defendant, Composite Hypothecation Agreement executed by defendant, Letter of installment with acceleration clause executed by defendant, Account statement for a period from 25-01-2018 to 09-08-2020, Certificate U/S 65 of Indian Evidence Act, Account statement dated 29-11-2023, Copy of Lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Husna. C. P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is ordered to pay the due amount along with interest.
Evidence:
The defendant is directed to pay Rs.2,16,680/- to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Costs of the suit to be paid.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendant for obtaining a loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank confirming the loan.
Reference:
Ext.A2
Document Type:
Loan Agreement cum Hypothecation deed for priority
Submitted By:
Plaintiff
Relevance:
Executed by the defendant detailing the loan terms.
Reference:
Ext.A3
Document Type:
Loan Agreement cum Hypothecation deed for priority
Submitted By:
Plaintiff
Relevance:
Another agreement executed by the defendant.
Reference:
Ext.A4
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Executed by the defendant acknowledging the loan.
Reference:
Ext.A5
Document Type:
Application for availing relief under loan
Submitted By:
Plaintiff
Relevance:
Submitted by the defendant during the pandemic.
Reference:
Ext.A6
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant for the additional loan.
Reference:
Ext.A7
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant for securing the loan.
Reference:
Ext.A8
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Executed by the defendant related to loan repayment terms.
Reference:
Ext.A9
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Covers the loan account period relevant to the case.
Reference:
Ext.A10
Document Type:
Certificate U/S 65 of Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
Certifies the account statement as evidence.
Reference:
Ext.A10(a)
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Presents financial details as of 29-11-2023.
Reference:
Ext.A11
Document Type:
Certificate U/S 65 of Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
Certifies the account statement as evidence.
Reference:
Ext.A11(a)
Document Type:
Account statement for unapplied interest
Submitted By:
Plaintiff
Relevance:
Highlights interest not yet applied to the loan.
Reference:
Ext.A12
Document Type:
Certificate U/S 65 of Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
Certifies the account statement as evidence.
Reference:
Ext.A12(a)
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows further financial details as of 29-11-2023.
Reference:
Ext.A13
Document Type:
Certificate U/S 65 of Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
Certifies the account statement as evidence.
Reference:
Ext.A13(a)
Document Type:
Account statement for unapplied interest
Submitted By:
Plaintiff
Relevance:
Further details regarding unapplied interest.
Reference:
Ext.A14
Document Type:
Certificate U/S 65 of Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
Certifies the account statement as evidence.
Reference:
Ext.A14(a)
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice served regarding the loan default.
Reference:
Ext.A15
Document Type:
Postl receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt related to legal notice.
Reference:
Ext.A15(a)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between The Bank of Baroda vs Fahad Rahman. P. P regarding realization of money
Case Code Year
Case between The Bank of Baroda vs Fahad Rahman. P. P regarding realization of money