Case Summary
The plaintiff, Bank of Baroda, filed a suit against the defendants Jithin Raj and M/s Jayaraj Enterprises for the recovery of a loan amounting to Rs.9,59,193 due to default in repayment. The defendants denied taking the loan and contended that payments were not properly credited.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.9,59,193 with interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff and found that the defendants owe Rs.9,59,193 plus interest due to default on a loan. The plaintiff is entitled to recover the said amount.
Why Plaintiff Won:
The plaintiff successfully proved that the defendants had availed the loan and defaulted in repayment.
The plaintiff successfully proved that the defendants had availed the loan and defaulted in repayment.
Losing Side's Weaknesses:
The plaintiff successfully proved that the defendants had availed the loan and defaulted in repayment.
The plaintiff successfully proved that the defendants had availed the loan and defaulted in repayment.
Supporting Evidence
It is found that the defendants has availed the loan from the plaintiff bank and has committed default in repaying the loan amount as alleged by the plaintiff.
Judgment Evidence:
In the result, the suit is decreed with costs as follows; the plaintiff is entitled to realize Rs.9,59,193 from the defendants with 12% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Jithin Raj
- Party Age
- 24
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Jayaraj Enterprises
- Relation
- Rep by its proprietor
Plaintiffs Documents
Loan Sanction letter, Demand promissory note, Letter of sole proprietorship, Declaration cum undertakings, Composite hypothecation agreement, Undertaking, Letter of installment with acceleration, Lawyer's notice, Bank statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Annie M. Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.K. Biju Manjanikkara
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anto Thomas Adipuzha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs.9,59,193/- from the defendants.
Evidence:
Therefore, it is evident that an amount of Rs.9,59,193/- is still due to plaintiff.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the amount due at 12% per annum from the date of suit till the date of decree.
Evidence:
The plaintiff is entitled to realize Rs.9,59,193/- with 12% interest per annum.
Relief Type:
Interest
Outcome:
Granted
Description:
Post decree interest at 6% per annum till realization.
Evidence:
and thereafter, at the rate of 6% interest per annum till the date of realization.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Original document evidencing the sanction of loan amount to the defendants.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed document confirming the defendants' promise to repay the loan.
Reference:
Ext.A2
Document Type:
Letter of Sole Proprietorship
Submitted By:
Plaintiff
Relevance:
Document detailing the proprietorship of the second defendant.
Reference:
Ext.A3
Document Type:
Declaration cum Undertakings cum Authority
Submitted By:
Plaintiff
Relevance:
Document executed by the defendants outlining their obligations.
Reference:
Ext.A4
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Agreement related to the hypothecation of assets for the loan.
Reference:
Ext.A5
Document Type:
Undertaking
Submitted By:
Plaintiff
Relevance:
Undertaking executed by the defendants related to the loan.
Reference:
Ext.A6
Document Type:
Letter of Instalment with Acceleration Clause
Submitted By:
Plaintiff
Relevance:
Document detailing the repayment schedule for the loan.
Reference:
Ext.A7
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Noticed issued to the defendants demanding repayment.
Reference:
Ext.A8
Document Type:
Returned lawyer notices
Submitted By:
Plaintiff
Relevance:
Notices sent to the defendants that were returned unclaimed.
Reference:
Exts.A9 and A10
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Certifies the transactions in the loan account of the defendants.
Reference:
Ext.A11
Document Type:
Letter of Authorisation
Submitted By:
Plaintiff
Relevance:
Original authorization letter for the representative of the plaintiff bank.
Reference:
Ext.A12
Document Type:
Certification under Bankers Books Evidence Act
Submitted By:
Plaintiff
Relevance:
Certification supporting the validity of the account statement.
Reference:
Ext.A13
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 Jithin Raj et al regarding Suit For Realization of Money
Case Code Year
Case between Bank of Baroda vs Jithin Raj et al regarding Suit For Realization of Money