Case Summary
The case involves Bank of Baroda seeking recovery of a loan amount from Nainan V Abraham and others. The defendants defaulted on a Baroda Kisan Credit Card loan and failed to repay despite notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay to the plaintiff the sum of Rs.4,31,540/- along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, ordering the defendants to pay the total outstanding amount with interest. The defendants failed to present a valid defense.
Why Plaintiff Won:
The plaint averments and evidence established the plaintiff's case without rebuttal from the defendants.
The plaint averments and evidence established the plaintiff's case without rebuttal from the defendants.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of Rs.4,31,540/- (Rupees Four Lakhs Thirty One Thousand Five Hundred and Forty Only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suresh R
- Party Age
- 56
- Relation
- S/o Late H. Ramaswamy Iyer
- Party Role
- Defendant
- Party Name
- Nainan V Abraham
- Party Age
- 61
- Relation
- S/o V A Abraham
- Party Role
- Defendant
- Party Name
- Nandu Nainan
- Party Age
- 33
- Relation
- S/o Ninan Abraham
- Party Role
- Defendant
- Party Name
- Minimol Nainan
- Party Age
- 56
- Relation
- W/o Nainan V Abraham
- Party Role
- Defendant
- Party Name
- Chikku Nainan
- Party Age
- 35
- Relation
- S/o Nainan V Abraham
Plaintiffs Documents
Loan Application by Nainan V Abraham, Demand Promissory Note for Rs. 300000/-, Composite Hypothecation Agreement for Agriculture Finance, General Form of Guarantee, Letter of Acknowledgment of debt, Lawer’s Notice, Acknowledgment Cards, Statement Account Nainan V Abraham.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sherlo George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of the overdue loan amount.
Evidence:
Hence the suit was decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of Rs.4,31,540/-.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application submitted by the first defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note for the loan amount sanctioned.
Reference:
Ext.A2
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Agreement securing the loan for agriculture finance.
Reference:
Ext.A3
Document Type:
General form of guarantee
Submitted By:
Plaintiff
Relevance:
Guarantee forms executed by the co-defendants.
Reference:
Ext.A4
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt from the first defendant.
Reference:
Ext.A5
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Second acknowledgment of debt from the first defendant.
Reference:
Ext.A6
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants for repayment.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts related to communications.
Reference:
Ext.A8
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards confirming receipt of notices.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Account statement detailing the loan repayments.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Bank of Baroda vs Nainan V Abraham et al regarding realization of money.
Case Code Year
Case between Bank of Baroda vs Nainan V Abraham et al regarding realization of money.