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O.S. No. 1332/2024

Case between Bank of Baroda vs Mrs. Savitha M.K et al regarding realisation of money.

Court
THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-07-09
Duration

Judgement document from eCourt website

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Case Summary

Bank of Baroda, represented by its manager, is suing Mrs. Savitha M.K and Mr. Baiju A.K for failure to repay a loan. The defendants have not responded in court and owe a total of ₹99,162 to the plaintiff.

Judgment Outcome

Plaintiff Won
Interim Order
The court has ordered the defendants to pay ₹99,162 to Bank of Baroda with an interest of 6% per annum, due to their failure to repay a loan. If the defendants do not comply, the plaintiff is entitled to recover the amount from their assets.
Judgment Favored
Plaintiff
Relief Granted
Payment of ₹99,162 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the plaintiff's case proved based on uncontested evidence.

Judgment Evidence:

In the result, the suit is decreed as follows: The defendants are directed to pay to the plaintiff, an amount of 99,162/- (Rupees ninety nine thousand one hundred and sixty two only) with interest at the rate of 6% per annum.

Parties Involved

Plaintiffs

Bank of Baroda (erstwhile Vijaya bank) Thrikkakara Branch (Age not specified years) Bhaskara building, Seaport airport road, Mavelipuram, Kakkanadu Pin : 682021

Defendants

Mrs. Savitha M.K (38 years years) Malayil house, Kandanadu P.O., Manakunnam Thiruvamkulam Pin : 682 305 Mr. Baiju A.K (41 years years) Malayil house, Kandanadu P.O, Manakunnam, Thiruvamkulam Pin 682 305

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendants are directed to pay an amount of 99,162/- with interest.
Evidence:
The defendants are directed to pay to the plaintiff, an amount of 99,162/- (Rupees ninety nine thousand one hundred and sixty two 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 defendants or from assets of defendants.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.

Documents & Evidence

Document Type: Sanction letter
Submitted By: Plaintiff
Relevance:
Used to establish the loan sanction details.
Reference:
Ext.A1
Document Type: Letter of installment with acceleration clause
Submitted By: Plaintiff
Relevance:
Provided terms of repayment.
Reference:
Ext.A2
Document Type: Declaration cum Undertakings cum Authority
Submitted By: Plaintiff
Relevance:
Outlined the obligations of the defendants.
Reference:
Ext.A3
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Evidence of the promise to repay the loan.
Reference:
Ext.A4
Document Type: Composite Hypothication Agreement
Submitted By: Plaintiff
Relevance:
Described the security for the loan.
Reference:
Ext.A5
Document Type: General form of guarantee
Submitted By: Plaintiff
Relevance:
Provided details on guarantees related to the loan.
Reference:
Ext.A6
Document Type: Letter of acknowledgment of debt
Submitted By: Plaintiff
Relevance:
Document acknowledging the outstanding debt.
Reference:
Ext.A7
Document Type: Office copy of legal notice
Submitted By: Plaintiff
Relevance:
Notice sent regarding the loan repayment.
Reference:
Ext.A8
Document Type: Office copy of legal notice
Submitted By: Plaintiff
Relevance:
Another copy of the notice regarding the loan repayment.
Reference:
Ext.A8(a)
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Acknowledgment of receipt of the legal notices.
Reference:
Ext.A9
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Another acknowledgment related to the legal notices.
Reference:
Ext.A9(a)
Document Type: Computer Print out of Statement of account for the period from 19.11.2021 to 21.11.2024
Submitted By: Plaintiff
Relevance:
Provided a detailed account of transactions related to the loan.
Reference:
Ext.A10

Quick Facts

Location
Case Filed
Outcome Confidence
95%

Involved Entities

Bank

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