Case Summary
The plaintiff, Bank of Baroda, provided a vehicle loan to the defendant, Mr. Madhu K.K, who failed to repay the amount. The court found in favor of the plaintiff due to lack of evidence from the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall pay to the plaintiff the sum of 3,67,469.76/- along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The evidence adduced on the side of the plaintiff established the case without contradictory evidence from the defendant.
The evidence adduced on the side of the plaintiff established the case without contradictory evidence from the defendant.
Losing Side's Weaknesses:
The evidence adduced on the side of the plaintiff established the case without contradictory evidence from the defendant.
The evidence adduced on the side of the plaintiff established the case without contradictory evidence from the defendant.
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 3,67,469.76/- 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
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Madhu K.K
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Application for Vehicle Loan signed by the Defendant, Demand Promissory Note for an amount of Rs.5,55,000/- signed by the Defendant, Letter of Installment with Acceleration Clause, Agreement/Instrument of Hypothecation of vehicle, Letter of Authority to make payment directly to the dealer, Undertaking to maintain vehicle for seven years, Original of the Registration certificate, Letter Acknowledgment of Debt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.L.Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the outstanding loan amount
Evidence:
Hence the suit. In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of 3,67,469.76/-
Documents & Evidence
Document Type:
Application for Vehicle Loan
Submitted By:
Plaintiff
Relevance:
Executed by the defendant to secure the loan
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant promising to pay the loan amount
Reference:
Ext.A2
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Details the repayment terms agreed upon by the defendant
Reference:
Ext.A3
Document Type:
Agreement/Instrument of Hypothecation of vehicle
Submitted By:
Plaintiff
Relevance:
Secures the loan against the vehicle purchased
Reference:
Ext.A4
Document Type:
Letter of authority to make payment directly to the dealer
Submitted By:
Plaintiff
Relevance:
Shows the agreement to disburse the loan amount to the vehicle dealer
Reference:
Ext.A5
Document Type:
Undertaking to maintain vehicle for seven years
Submitted By:
Plaintiff
Relevance:
Document promising maintenance of the vehicle as collateral for the loan
Reference:
Ext.A6
Document Type:
Original of the Registration certificate
Submitted By:
Plaintiff
Relevance:
Proof of ownership of the vehicle secured for the loan
Reference:
Ext.A7
Document Type:
Letter Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Shows acknowledgment of the outstanding debt by the defendant
Reference:
Ext.A8
Document Type:
Letter Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Further acknowledgment of the debt confirming the outstanding amount
Reference:
Ext.A9
Document Type:
Copy of ledger with certificate
Submitted By:
Plaintiff
Relevance:
Exhibits the financial records pertaining to the loan
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
Non-payment of rent
Case Code
O.S.
Case Code Year
2025