Case Summary
The case involves Bank of Baroda seeking repayment of a loan amount from the defendants, P.K. Saju and Manju Suresh. The defendants defaulted on the loan repayment, prompting the plaintiff to file the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are ordered to pay Rs.4,48,614.31 along with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case supported by evidence including documents showing the defendants' acknowledgment of their liability.
The plaintiff established a case supported by evidence including documents showing the defendants' acknowledgment of their liability.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.4,48,614.31 along with interest @10.80% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization.
Parties Involved
Plaintiffs
Bank of Baroda (Age not specified years)
Nettoor Branch, INTUC Junction, Nettoor, Ernakulam, Pin – 682 019
Defendants
P.K. Saju (54 years)
Puthyedath House, Cheppanam Road, Kumbalam.P.O., Ernakulam, Kerala, Pin – 682 506
Manju Suresh (46 years)
Padathuparambil House, Panangad, Kumbalam.P.O., Ernakulam, Kerala, Pin – 682 506
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall pay Rs.4,48,614.31 along with interest.
Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.4,48,614.31 along with interest @10.80% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
2) Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
3) Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter issued by the plaintiff bank to the defendant.
Reference:
Ext.A1
Document Type:
Instrument of Hypothecation
Submitted By:
Plaintiff
Relevance:
Instrument of Hypothecation deed executed by 1st defendant in favour of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Declaration cum Undertakings cum Authority
Submitted By:
Plaintiff
Relevance:
Declaration cum undertakings cum Authority executed by 1st defendant in favour of the plaintiff bank.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Demand Promissory note executed by 1st defendant in favour of plaintiff bank.
Reference:
Ext.A4
Document Type:
Letter of Installment
Submitted By:
Plaintiff
Relevance:
Letter of installment with acceleration clause executed by 1st defendant.
Reference:
Ext.A5
Document Type:
General form of guarantee
Submitted By:
Plaintiff
Relevance:
General form of guarantee executed by 2nd defendant in favour of the plaintiff bank.
Reference:
Ext.A6
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Letter of acknowledgment of debt executed by defendants.
Reference:
Ext.A7
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Demand notice issued by the plaintiff bank to the first defendant.
Reference:
Ext.A8
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Demand Notice issued by the plaintiff bank to the 2nd defendant.
Reference:
Ext.A9
Document Type:
A/d Cards
Submitted By:
Plaintiff
Relevance:
A/d Cards submitted as part of the evidence.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account of the plaintiff for the specific period.
Reference:
Ext.A11
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed of SRO, Kumbalam.
Reference:
Ext.A12