Case Summary
The Bank of Baroda filed a suit against Nandhu Naninan and others for the recovery of a loan amounting to Rs.4,59,654/-, which had become due after the defendants defaulted on payments. The defendants claimed to have acknowledged their liability but failed to repay the loan as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay to the plaintiff the sum of Rs.4,59,654/- 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.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, with the defendants ordered to pay a total of Rs.4,59,654/- along with interest. The court recognized the defendants' liability to repay the loan due to their failure to provide a written defense or evidence.
Why Plaintiff Won:
The plaintiff established the case with sufficient evidence and the defendants failed to rebut these claims.
The plaintiff established the case with sufficient evidence and the defendants failed to rebut these claims.
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:
It is ordered that the defendants shall pay to the plaintiff the sum of Rs.4,59,654/- (Rupees Four Lakhs Fifty Nine Thousand Six Hundred and Fifty Four 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
- The Bank of Baroda
- Party Role
- Defendant
- Party Name
- Nandhu Naninan
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nainan V Abraham
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Minimol Nainan
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chikku Nainan
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Loan Application, Demand promissory note for Rs. 300000/-, Composite Hypothecation Agreement for Agriculture Finance, General form of Guarantee executed by the defendants, Letter of Acknowledgment of Debt, Lawyers Notice, Account Statement for the period 01.02.2014 to 01.01.2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sharlo George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Order for the defendants to pay the plaintiff the sum of Rs.4,59,654/- along with interest.
Evidence:
The suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of Rs.4,59,654/- 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.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The document establishes the initial loan application made by the defendants.
Reference:
Ext.A1
Document Type:
Demand promissory note for Rs. 300000/-
Submitted By:
Plaintiff
Relevance:
This promissory note confirms the defendants' obligation to repay the loan amount.
Reference:
Ext.A2
Document Type:
Composite Hypothecation Agreement for Agriculture Finance
Submitted By:
Plaintiff
Relevance:
This agreement secures the loan by outlining the terms regarding the hypothecated assets.
Reference:
Ext.A3
Document Type:
General form of Guarantee executed by the defendants
Submitted By:
Plaintiff
Relevance:
This document presents the guarantees provided by the co-defendants securing the loan.
Reference:
Ext.A4
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
This letter acknowledges the defendants' debt as of 02.01.2017.
Reference:
Ext.A5
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
This letter acknowledges the defendants' debt as of 06.09.2019.
Reference:
Ext.A6
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
This notice served by the lawyer demands repayment from the defendants.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts confirm the sending of communication regarding the loan.
Reference:
Ext.A8
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These cards confirm receipt of communication about the loan by the defendants.
Reference:
Ext.A9
Document Type:
Account Statement for the period 01.02.2014 to 01.01.2022
Submitted By:
Plaintiff
Relevance:
This statement details the account activities related to the loan and outstanding amount.
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
Recovery of money
Case Code
Case between The Bank of Baroda vs Nandhu Naninan et al regarding realization of money
Case Code Year
Case between The Bank of Baroda vs Nandhu Naninan et al regarding realization of money