Case Summary
The plaintiff, Bank of Baroda, filed a suit against the defendant, Sandhya Suresh, to recover an outstanding loan amount due to default in repayment. Despite multiple requests, the defendant failed to clear the dues, leading to the plaintiff seeking legal recourse.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹2,40,824 with 9% interest per annum from the date of suit until the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to pay an amount of ₹2,40,824 with interest. The plaintiff is also entitled to recover the costs of litigation.
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 defendant to pay an amount of 2,40,824/- (Rupees Two Lakhs Forty thousand Eight hundred and Twenty Four Only) with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Party Role
- Defendant
- Party Name
- Sandhya Suresh
- Party Age
- 48
- Relation
- W/o M.K.Suresh
Plaintiffs Documents
Loan Application form submitted by the defendant, Letter of sanction to the borrower acknowledged by the defendant, The Demand promisory note executed by the defendant, The Declaration cum undertaking cum authority executed by the defendant, The letter of installment with acceleration clause executed by the defendant, Letter of acknowledgment of defendant executed by the defendant, Copy of lawyer notice along with postal receipts and A/d card, The statement of account of the loan transaction of the defendant bearing A/c no. 3058060004159 for the period from 18.04.19 – 19.03.24.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vino Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adarsh Dharmajan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akash Shaji
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹2,40,824 with interest.
Evidence:
The suit is decreed directing the defendant to pay an amount of 2,40,824/- (Rupees Two Lakhs Forty thousand Eight hundred and Twenty Four Only) with 9% interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the full costs of the litigation.
Evidence:
The plaintiff is also entitled for the costs of the litigation.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The document includes the loan application form submitted by the defendant.
Reference:
Ext.A1
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
The document is the letter of sanction to the borrower acknowledged by the defendant.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The document evidences the demand promissory note executed by the defendant.
Reference:
Ext.A3
Document Type:
Declaration Cum undertaking
Submitted By:
Plaintiff
Relevance:
The document is the declaration cum undertaking cum authority executed by the defendant.
Reference:
Ext.A4
Document Type:
Letter of Instalment with Acceleration Clause
Submitted By:
Plaintiff
Relevance:
The document includes the letter of instalment with acceleration clause executed by the defendant.
Reference:
Ext.A5
Document Type:
Letter of Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
The document is the letter of acknowledgment of debt executed by the defendant.
Reference:
Ext.A6
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document is a copy of lawyer notice along with postal receipts and acknowledgement card.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The document is the statement of account of the loan transaction of the defendant.
Reference:
Ext.A8
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 Sandhya Suresh regarding recovery of outstanding loan amount
Case Code Year
Case between Bank of Baroda vs Sandhya Suresh regarding recovery of outstanding loan amount