Case Summary
The plaintiff, Bank of Baroda, is seeking repayment of a loan amount from the defendant, Shanavas C.H., who failed to make payments as agreed. The court was informed that the defendant's account is classified as a Non-Performing Asset due to repeated defaults.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs. 2,96,984.53 with interest at 9.30% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the plaintiff's evidence satisfactory and the defendant had not appeared to contest.
The court found the plaintiff's evidence satisfactory and the defendant had not appeared to contest.
Judgment Evidence:
In the result, the suit is decreed directing the defendants to pay an amount of 2,96,984.53/- (Rupees Two Lakh Ninety Six Thousand Nine Hundred and Eighty Four Only), with 9.30 % interest per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
Bank of Baroda (Age not specified years)
Nettoor branch, INTUC Junction, Nettoor, Ernakulam – 682 019
Defendants
Shanavas C.H (37 years)
Chittanattu house, Sreevilasam road, Kumbalam, Ernakulam District, Kerala – 682 506
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was granted recovery of the overdue loan amount.
Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of 2,96,984.53/- (Rupees Two Lakh Ninety Six Thousand Nine Hundred and Eighty Four Only), with 9.30 % interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank to the defendants, evidencing the loan agreement.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendants in favour of the plaintiff bank to secure the loan.
Reference:
Ext.A2
Document Type:
Letter of Instalment with Acceleration Clause
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff bank detailing payment terms.
Reference:
Ext.A3
Document Type:
Declaration-cum-Undertaking-cum-Authority
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff bank, confirming terms of the loan.
Reference:
Ext.A4
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff bank to secure the loan with assets.
Reference:
Ext.A5
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Executed by the defendant acknowledging his liability towards the loan.
Reference:
Ext.A6
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Notice issued by the plaintiff to the defendant, informing of the outstanding dues.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of notices or communications by the defendant.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement showing the loan account details and outstanding balance.
Reference:
Ext.A9