Case Summary
The plaintiff, Bank of Baroda, claims that the defendants failed to repay loans amounting to ₹4,41,176.62/- and ₹2,36,075.36/-. The suit was heard in the absence of the defendants who did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit partly in favor of the plaintiff, ordering the defendants to pay the owed amounts with interest. The plaintiff may pursue execution proceedings if the amounts are not paid.
Why Plaintiff Won:
The plaintiff's case was proved through uncontested evidence from the bank manager.
The plaintiff's case was proved through uncontested evidence from the bank manager.
Losing Side's Weaknesses:
Not available
Not available
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:
Hence, a decree is to be passed in favour of the plaintiff. The defendants are directed to pay to the plaintiff, an amount of ₹4,41,176.62/- 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. Reignonline Internet Private Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Amala George
- Party Age
- 39
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sherin Mathew
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Certified True copy of Board Resolution, Demand Promissory Note, Letter of Installment with acceleration Clause, General Undertaking, Declaration -cum-undertakings -cum Authority, Draft undertaking, Composite hypothecation Agreement, Certified True Copy of Resolution, Demand Promissory Note, Letter of Installment with acceleration clause, Declaration -cum -undertakings -cum-Authority, Composite Hypothecation Agreement, General Form of Guarantee, Letter of Acknowledgment of debt, Office copy of Legal Notice, Postal Receipts (3 nos.), Returned Postal Envelope (2 nos), Computer print out of Statement of account for the period from 17.09.2021 to 10.02.2025 with certificate u/s. 2A(b) & 2 A (c) of the Bankers Book of Evidence Act, Computer print out of Statement of account for the period from 21.06.2022 to 10.02.2025 with certificate u/s. 2A(b) & 2 A (c) of the Bankers Book of Evidence Act
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:
Partly Granted
Description:
The plaintiff sought to recover the loan amounts from the defendants.
Evidence:
I am of the opinion that the plaintiff is entitled to recover the same from the defendants, with interest from the date of suit.
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff requested recovery of an additional loan amount.
Evidence:
The defendants are also directed to pay to the plaintiff, an amount of ₹2,36,075.36/- with interest at the rate of 6% per annum.
Relief Type:
Other
Outcome:
Refused
Description:
The plaintiff requested a decree directing the sale of the plaint schedule property.
Evidence:
the existence of the items mentioned in the plaint schedule are not proved before the court in a proper manner.
Documents & Evidence
Document Type:
Certified True copy of Board Resolution
Submitted By:
Plaintiff
Relevance:
Used to establish the authority of the bank in the proceedings.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement by the defendants.
Reference:
Ext.A2
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Details the repayment terms agreed upon by the defendants.
Reference:
Ext.A3
Document Type:
General Undertaking
Submitted By:
Plaintiff
Relevance:
A document outlining the general obligations of the defendants.
Reference:
Ext.A4
Document Type:
Declaration -cum-undertakings -cum Authority
Submitted By:
Plaintiff
Relevance:
Establishes the commitment of the defendants towards repayment.
Reference:
Ext.A5
Document Type:
Draft undertaking
Submitted By:
Plaintiff
Relevance:
Related to the obligations of the defendants.
Reference:
Ext.A6
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Document related to the hypothecation of assets as security.
Reference:
Ext.A7
Document Type:
Certified True Copy of Resolution
Submitted By:
Plaintiff
Relevance:
Affirms the bank's resolution regarding the loans.
Reference:
Ext.A8
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the second loan agreement.
Reference:
Ext.A9
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Details the repayment terms for the second loan.
Reference:
Ext.A10
Document Type:
Declaration -cum -undertakings -cum-Authority
Submitted By:
Plaintiff
Relevance:
Establishes the defendants' commitment for the second loan.
Reference:
Ext.A11
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Related to the hypothecation of assets for the second loan.
Reference:
Ext.A12
Document Type:
General form of guarantee
Submitted By:
Plaintiff
Relevance:
Document providing additional security for loan repayments.
Reference:
Ext.A13
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Confirms that the defendants acknowledge the debt owed.
Reference:
Ext.A14
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Document evidencing the demand made to the defendants for repayment.
Reference:
Ext.A15
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of communication with the defendants regarding the matter.
Reference:
Ext.A16
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Evidence of failed communication attempts with the defendants.
Reference:
Ext.A17
Document Type:
Computer print out of Statement of account for the period from 17.09.2021 to 10.02.2025
Submitted By:
Plaintiff
Relevance:
Details the financial transactions related to the loans.
Reference:
Ext.A18
Document Type:
Computer print out of Statement of account for the period from 21.06.2022 to 10.02.2025
Submitted By:
Plaintiff
Relevance:
Provides a detailed record of payments and outstanding amounts.
Reference:
Ext.A19
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. Reignonline Internet Private Limited et al regarding money realization
Case Code Year
Case between Bank of Baroda vs M/s. Reignonline Internet Private Limited et al regarding money realization