Case Summary
Bank of Baroda filed a suit against Naseer K for non-repayment of loans amounting to ₹2,35,435. The defendant failed to appear in court, leading to an ex-parte judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹2,35,500 with 10.25% interest per annum from the date of suit till realisation.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of ₹2,35,500/- (Rupees Two Lakhs Thirty Five thousand and Five Hundred only) with 10.25% interest per annum from the date of suit till realisation.
Parties Involved
Plaintiffs
Bank of Baroda (Estwhile Vijaya Bank) (Age not specified years)
Nettoor branch, INTUC Junction, Nettoor, Ernakulam – 682 019
Defendants
Naseer K (55 years)
Peringattuparambu house, Nettoor P.O, Ernakulam District, Kerala – 682 040
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is entitled to recover a sum of ₹2,35,500/- from the defendant.
Evidence:
The suit is decreed directing the defendants to pay an amount of ₹2,35,500/- (Rupees Two Lakhs Thirty Five thousand and Five Hundred only) with 10.25% interest per annum from the date of suit till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the litigation.
Evidence:
The plaintiff is also entitled for the costs of the litigation.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank to the defendant, initiating the loan agreement.
Reference:
Ext.A1
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff bank, securing the first loan.
Reference:
Ext.A2
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff bank, securing the second loan.
Reference:
Ext.A3
Document Type:
Letter of acknowledgment of liability
Submitted By:
Plaintiff
Relevance:
Shows the defendant's acknowledgment of their liability towards the plaintiff.
Reference:
Ext.A4
Document Type:
Letter of acknowledgment of liability
Submitted By:
Plaintiff
Relevance:
Further acknowledgment of liability by the defendant.
Reference:
Ext.A5
Document Type:
Letter of acknowledgment of liability
Submitted By:
Plaintiff
Relevance:
Continued acknowledgment of liability from the defendant.
Reference:
Ext.A6
Document Type:
Letter of acknowledgment of liability
Submitted By:
Plaintiff
Relevance:
Acknowledgment of liability by the defendant issued in 2019.
Reference:
Ext.A7
Document Type:
Letter of acknowledgment of liability
Submitted By:
Plaintiff
Relevance:
Latest acknowledgment of liability issued by the defendant in 2022.
Reference:
Ext.A8
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant demanding payment.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of communication sent to the defendant.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details of the plaintiff's account with the defendant over a specific period.
Reference:
Ext.A11
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Further details of the account from the NPA classification to the date of the suit.
Reference:
Ext.A12