Case Summary
The plaintiff, Bank of Baroda, is seeking repayment of a loan amounting to ₹2,45,387.61/- from the defendant, Jinesh Baby, who failed to make the agreed repayments after availing a term loan for his bakery business. The defendant admits the loan but argues he faced financial difficulties due to the Kerala floods.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹2,45,387.61/- with interest at the rate of 6% per annum from the date of institution of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to pay ₹2,45,387.61/- with interest at the rate of 6% per annum. The plaintiff is also entitled to recover costs from the defendant.
Why Plaintiff Won:
The plaintiff proved the loan agreement and default in repayment.
The plaintiff proved the loan agreement and default in repayment.
Losing Side's Weaknesses:
The plaintiff proved the loan agreement and default in repayment.
The plaintiff proved the loan agreement and default in repayment.
Supporting Evidence
The above discussions made would lead to a situation wherein it is evident that in the facts of the case herein, the case of the plaintiff will stand proved by yardstick of preponderance of probability.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of ₹2,45,387.61/- (Rupees two lakhs forty five thousand three hundred and eighty seven and sixty one paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Party Role
- Defendant
- Party Name
- Jinesh Baby
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Loan Sanction Letter, Demand Promissory Note, Letter of installment with acceleration clause, Declaration Cum undertaking, Composite Hypothecation Agreement, Letter of acknowledgment of debt, Notice to borrower, Postal Acknowledgment Card, Computer printout of Statement of account.
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
- Party Role
- Defendant
- Advocate Name
- Navas V.E
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹2,45,387.61/- from the defendant with interest.
Evidence:
The plaintiff is entitled to realize the amount due from the defendant with interest at the rate of 11.45% per annum.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
I am also of the opinion that the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document constitutes the loan agreement between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note is a record of the defendant's promise to repay the loan.
Reference:
Ext.A2
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
This letter details the repayment schedule and conditions.
Reference:
Ext.A3
Document Type:
Declaration Cum undertaking
Submitted By:
Plaintiff
Relevance:
This document contains the defendant's formal declaration regarding the loan.
Reference:
Ext.A4
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This agreement secures the loan with the defendant's assets.
Reference:
Ext.A5
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
This document acknowledges the defendant's debt as of the specified date.
Reference:
Ext.A6
Document Type:
Notice to borrower
Submitted By:
Plaintiff
Relevance:
This notice informs the defendant of the outstanding loan amount.
Reference:
Ext.A7
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This card is proof of delivery for the notice sent to the defendant.
Reference:
Ext.A8
Document Type:
Computer printout of Statement of account
Submitted By:
Plaintiff
Relevance:
This statement summarizes the account's financial transactions over the specified period.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Bank of Baroda vs Jinesh Baby regarding loan repayment
Case Code Year
Case between Bank of Baroda vs Jinesh Baby regarding loan repayment