Case Summary
The Bank of Baroda filed a suit against M/s Bean Leaf Restaurant and its partners for the realization of a defaulted loan. The loan was for Rs. 5,00,000/- borrowed for working capital, which the defendants failed to repay despite repeated requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 7,38,525.69/- along with interest @11.65% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established its case by providing unchallenged documents detailing the loan agreement and defaults.
Plaintiff established its case by providing unchallenged documents detailing the loan agreement and defaults.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.7,38,525.69/- along with interest @11.65% 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
Plaintiffs
Bank of Baroda (Age not specified years)
Vazhakkala Branch, Vijaya Complex, Ground Floor, Civil Line Road, Chembumukku, Ernakulam District, Pin- 682030
Defendants
M/s Bean Leaf Restaurant (Age not specified years)
VII/401, PB 2, Old Civil Station Road, Kunnumpuram, Kakkanad, Ernakulam- 682030
George Mathew (51 years)
Rison Villa, Kanjirakat Tachil, Chakkarakadavu Road, Paravur, Ernakulam- 683513
Jisha Sam Anglimoottil (41 years)
7A, Fort Orion Appartments, IMG Jn, Kusumagiri P O, Kakkanad, Ernakulam- 682030
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff directed to recover Rs.7,38,525.69/- from the defendants.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.7,38,525.69/- (Rupees Seven lakhs thirty eight thousand five hundred twenty five and sixty nine paise only) along with interest @11.65% 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.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant declared personally liable for the decree debt.
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to recover the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Shows that plaintiff bank sanctioned mudra term loan facility of Rs.5,00,000/- to the defendants for working capital requirement.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Documents the defendants' promise to repay the loan amount of Rs.5,00,000/-.
Reference:
Ext.A2
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Details the repayment terms related to the loan.
Reference:
Ext.A3
Document Type:
Letter of Partnership
Submitted By:
Plaintiff
Relevance:
Indicates the partnership agreement among the defendants.
Reference:
Ext.A4
Document Type:
Declarations cum undertakings cum authority
Submitted By:
Plaintiff
Relevance:
Establishes the authorities and declarations made by the defendants regarding the loan.
Reference:
Ext.A5
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Outlines the terms of hypothecation related to the loan.
Reference:
Ext.A6
Document Type:
Letter of undertaking in respect of Book Debts
Submitted By:
Plaintiff
Relevance:
Documents the undertaking made by defendants concerning the book debts of the business.
Reference:
Ext.A7
Document Type:
Power of attorney in respect of Book debts
Submitted By:
Plaintiff
Relevance:
Grants power of attorney regarding the collection of book debts.
Reference:
Ext.A8
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Confirms the acknowledgment of debt by the defendants as of 03.08.2021.
Reference:
Ext.A9
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Indicates the legal notice sent to the defendants regarding the repayment.
Reference:
Ext.A10
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendants.
Reference:
Ext.A11
Document Type:
Certified true extract account statement
Submitted By:
Plaintiff
Relevance:
Shows the account details related to the defendants' loan.
Reference:
Ext.A12