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
Judgment Favored
Plaintiff
Relief Granted
Payment of ₹99,162 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
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.
Why Plaintiff Won:
The court found the plaintiff's case proved based on uncontested evidence.
The court found the plaintiff's case proved based on uncontested evidence.
Losing Side's Weaknesses:
The court found the plaintiff's case proved based on uncontested evidence.
The court found the plaintiff's case proved based on uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda (erstwhile Vijaya bank) Thrikkakara Branch
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mrs. Savitha M.K
- Party Age
- 38
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mr. Baiju A.K
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Sanction Letter, Letter of installment with Acceleration Clause, Declaration cum Undertakings cum Authority, Demand Promissory Note, Composite Hypothication Agreement, General form of guarantee, Letter of acknowledgment of debt, Office copy of legal notice, Computer Print out of Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. M. M Najeeb Khan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Meharunnisa Najeeb
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Abu Baker Kunju
- Appearance Type
- Main Counsel
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
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 Mrs. Savitha M.K et al regarding realisation of money.
Case Code Year
Case between Bank of Baroda vs Mrs. Savitha M.K et al regarding realisation of money.