Case Summary
The Bank of Baroda filed a suit against Laila Nazar and Rajini M V for realization of a loan amounting to Rs.3,73,061/- due to non-compliance with the loan agreement. The defendants failed to respond to the legal notice and did not appear to defend the case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay to the plaintiff the sum of Rs.3,73,061/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay the sum of Rs.3,73,061/- along with interest. The plaintiff is also entitled to recover the costs.
Why Plaintiff Won:
The plaintiff's evidence established liability, and the defendants failed to present any evidence or written statement.
The plaintiff's evidence established liability, and the defendants failed to present any evidence or written statement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of Rs.3,73,061/- (Rupees Three Lakhs Seventy Three Thousand and Sixty One Only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Party Role
- Defendant
- Party Name
- Laila Nazar
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rajini M V
- Relation
- D/o
Plaintiffs Documents
Demand promissory note signed by the 1st and the 2nd defendant, Mutual Liability Agreement, Composite Hypothecation Agreement, Legal Notice, among others.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Gayathri Vijayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was granted the recovery of Rs.3,73,061/- from the defendants.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of Rs.3,73,061/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document secured the loan amount sanctioned to the defendants.
Reference:
Ext.A1
Document Type:
Mutual Liability Agreement
Submitted By:
Plaintiff
Relevance:
This agreement was to be executed by the members of the Joint Liability Group for securing the loan.
Reference:
Ext.A2
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This agreement was related to the agriculture finance loan provided to the defendants.
Reference:
Ext.A3
Document Type:
General Undertaking
Submitted By:
Plaintiff
Relevance:
This undertaking was part of the security documents executed by the defendants.
Reference:
Ext.A4
Document Type:
Letter of authority
Submitted By:
Plaintiff
Relevance:
This letter provided authority linked to the financial arrangement.
Reference:
Ext.A5
Document Type:
Declaration – cum - undertaking – cum - Authority
Submitted By:
Plaintiff
Relevance:
This document combined various legal assurances related to the loan.
Reference:
Ext.A6
Document Type:
Letter of Continuing Security
Submitted By:
Plaintiff
Relevance:
This letter was part of the ongoing security for the loan provided.
Reference:
Ext.A7
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice demanded payment from the defendants for the outstanding loan.
Reference:
Ext.A8
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts supported the sending of the legal notice to the defendants.
Reference:
Ext.A9
Document Type:
Returned Cover and Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document confirmed the notice sent to the defendants was unclaimed.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between Bank of Baroda vs Laila Nazar et al regarding realization of money
Case Code Year
Case between Bank of Baroda vs Laila Nazar et al regarding realization of money