Case Summary
This case involves the Bank of Baroda suing Shyla K.K and Jayan for the recovery of a loan amount. The defendants failed to repay the loan as agreed, leading to the bank filing this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs.1,62,103.80 together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the bank to recover the total outstanding amount with interest. Additionally, the plaintiff is entitled to the costs of the suit.
Why Plaintiff Won:
The plaint averments stand proved from the unrebutted evidence of the plaintiff's witness and the marked documents.
The plaint averments stand proved from the unrebutted evidence of the plaintiff's witness and the marked documents.
Losing Side's Weaknesses:
The plaint averments stand proved from the unrebutted evidence of the plaintiff's witness and the marked documents.
The plaint averments stand proved from the unrebutted evidence of the plaintiff's witness and the marked documents.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A8 documents the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.1,62,103.80 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda (Erstwhile Vijaya Bank)
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- Shyla K.K
- Party Age
- 38
- Relation
- W/o. Jayan
- Party Role
- Defendant
- Party Name
- Jayan
- Party Age
- 46
- Relation
- S/o. Raghavan
Plaintiffs Documents
Application form for MSEs, Sanction letter, Loan agreement cum hypothecation deed, Letter of guarantee, Acknowledgment of liability, True copy of lawyer notice, Postal Acknowledgment card, Computer printout of statement of account for the period from 01.01.2015 to 12.09.2020
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh.G.Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy.A
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa N.U.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff bank was allowed to recover Rs.1,62,103.80 along with interest.
Evidence:
The plaintiff bank is allowed to recover Rs.1,62,103.80 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff bank entitled to recover costs of the suit from the defendants.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Application form for MSEs
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence to prove the plaintiff's claim.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document evidenced the loan amount sanctioned to the defendants.
Reference:
Ext.A2
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
This document was crucial in establishing the terms of the loan.
Reference:
Ext.A3
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
This document was presented to support the plaintiff's claim of the defendants' obligations.
Reference:
Ext.A4
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
This document was used to demonstrate that the first defendant acknowledged the debt.
Reference:
Ext.A5
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document showed that the defendants were notified about the outstanding payment.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document confirmed receipt of the lawyer's notice by the defendants.
Reference:
Ext.A7
Document Type:
Computer printout of Statement of account
Submitted By:
Plaintiff
Relevance:
This document helped establish the outstanding amount due from the defendants.
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 Shyla K.K et al regarding realisation of money
Case Code Year
Case between Bank of Baroda vs Shyla K.K et al regarding realisation of money