Case Summary
The case involves Bank of Baroda as the plaintiff who lent money to the defendants, M/s. Faboom Foodies and Pondu Veettil Faath. The defendants failed to repay the loan, leading to this suit for recovery of the amount due.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay to the plaintiff, an amount of 8,04,458.96/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay the amount owed along with interest. The court acknowledged that the defendants failed to appear and contest the claims made by the plaintiff.
Why Plaintiff Won:
The evidence provided by the plaintiff was not contested by the defendants, leading to the ruling in favor of the plaintiff.
The evidence provided by the plaintiff was not contested by the defendants, leading to the ruling in favor of the plaintiff.
Losing Side's Weaknesses:
The evidence provided by the plaintiff was not contested by the defendants, leading to the ruling in favor of the plaintiff.
The evidence provided by the plaintiff was not contested by the defendants, leading to the ruling in favor of the plaintiff.
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: I.The defendants are directed to pay to the plaintiff, an amount of 8,04,458.96/- 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s. Faboom Foodies (OPC) Private Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Pondu Veettil Faath
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
A1 17.11.2020 Demand Promissory Note, A2 17.11.2020 Letter of continuing Security, A3 17.11.2020 Demand Promissory Note, A4 17.11.2020 Letter of installment with acceleration clause, A5 17.11.2020 Composite hypothecation Agreement, A6 03.11.2023 Office copy of lawyer notice, A7 -- Postal Receipts (2 nos), A8 -- Computer print out of Statement of account for the period from 17.11.2020 to 08.11.2023, A9 -- Computer print out of Statement of account for the period from 17.11.2020 to 07.11.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Aneesh K.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dileep Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay the plaintiff an amount owed with interest.
Evidence:
I am of the opinion that the defendants owe a total amount of 8,04,458.96/- to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs 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:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is part of the evidence showing the defendants' loan agreement with the plaintiff.
Reference:
Ext.A1
Document Type:
Letter of Continuing Security
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim regarding the security for the loan.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Another document reinforcing the defendants' obligation to repay the loan.
Reference:
Ext.A3
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
This document details the repayment terms agreed upon by the defendants.
Reference:
Ext.A4
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the collateral provided by the defendants for the loan.
Reference:
Ext.A5
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This document indicates that the defendants were formally notified about their loan default.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts serve as evidence of communication between the plaintiff and the defendants.
Reference:
Ext.A7
Document Type:
Computer print out of Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement provides a detailed account of the defendants' loan transactions.
Reference:
Ext.A8
Document Type:
Computer print out of Statement of Account
Submitted By:
Plaintiff
Relevance:
Another statement showing additional transactions related to the defendants' loan.
Reference:
Ext.A9
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 M/s. Faboom Foodies (OPC) Private Limited et al regarding realisation of money
Case Code Year
Case between Bank of Baroda vs M/s. Faboom Foodies (OPC) Private Limited et al regarding realisation of money