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
The suit is decreed directing the defendants to pay an amount of ₹2,35,500 with 10.25% interest per annum from the date of suit till realisation.
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.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove 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
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda (Estwhile Vijaya Bank)
- Party Role
- Defendant
- Party Name
- Naseer K
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Sanction letter issued by the plaintiff bank, Loan agreement-cum-Hypothecation Deed executed by the defendant in favour of the plaintiff bank, Letter of acknowledgment of liability executed by the defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh G Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa N.U
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Bank of Baroda vs Naseer K regarding loan default
Case Code Year
Case between Bank of Baroda vs Naseer K regarding loan default