Case Summary
This case involves the Bank of Baroda, which is seeking to recover an education loan amounting to Rs.6,24,660.72 from the defendants Kalyani K and K G Prasanna Kumar. The defendants defaulted on their loan repayments despite multiple requests from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.6,24,660.72/- along with interest as directed.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to pay the amount due along with interest. The court also stated that the defendants' assets would be liable to satisfy the decree debt.
Why Plaintiff Won:
Plaintiff established a case based on the loan documents and the failure of the defendants to repay.
Plaintiff established a case based on the loan documents and the failure of the defendants to repay.
Losing Side's Weaknesses:
Plaintiff established a case based on the loan documents and the failure of the defendants to repay.
Plaintiff established a case based on the loan documents and the failure of the defendants to repay.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.6,24,660.72/- with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.6,24,660.72/- along with interest @11.15% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- represented by its Chief Manager
- Party Role
- Defendant
- Party Name
- Kalyani K
- Party Age
- 28
- Relation
- D/o K G Prasanna Kumar
- Party Role
- Defendant
- Party Name
- K G Prasanna Kumar
- Party Age
- 58
- Relation
- S/o K G B Kurup
Plaintiffs Documents
Application cum process note for loans, appraisal note, sanction letter, articles of agreement, education loan affidavit, statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Nagaraj Narayanan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saijo Hassan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Benoj C Augustin
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M Noohu Kunju Sahib
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Devi R Sens
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswin K R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.6,24,660.72/- with interest from defendants.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.6,24,660.72/- with interest from defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Application for Loan
Submitted By:
Plaintiff
Relevance:
Original of the application cum process note for loans to students dated 20.10.2018 submitted by defendants.
Reference:
Ext.A5
Document Type:
Appraisal Note
Submitted By:
Plaintiff
Relevance:
The original of the appraisal note dated 05.11.2018 prepared by the appraising officer of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Original of the sanction letter dated 05.11.2018 for Rs.4,00,000/- issued by plaintiff bank.
Reference:
Ext.A3
Document Type:
Articles of agreement
Submitted By:
Plaintiff
Relevance:
Original of the articles of agreement dated 05.11.2018 executed by the defendants.
Reference:
Ext.A4
Document Type:
Education Loan Affidavit
Submitted By:
Plaintiff
Relevance:
Original of the education loan affidavit dated 05.11.2018 furnished by 1st defendant to the plaintiff bank.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account in respect of term loan in A/c No.74800500000470 duly certified under the Banker’s Book of Evidence Act.
Reference:
Ext.A6
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 Kalyani K et al regarding realization of money
Case Code Year
Case between Bank of Baroda vs Kalyani K et al regarding realization of money