Case Summary
This case involves the Bank of Baroda suing Sisupalan A.K. and Shyla C.K. for the realization of a personal loan that has not been repaid. The defendants defaulted on their loan payments despite acknowledging their liability.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.2,33,989.58 from the defendants and from their assets with interest and costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff and the documents submitted established the plaintiff's case.
The unrebutted oral testimony of the plaintiff and the documents submitted established the plaintiff's case.
Judgment Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.2,33,989.58 from the defendants and from their assets.
Parties Involved
Plaintiffs
Bank of Baroda (Age not specified years)
Puthiyakavu Branch, Puthiyakavu, Thripunithura
Defendants
Sisupalan A.K. (53 years)
Cheriyaveliyil House, Pallikadavu, Udayamperoor P.O., Ernakulam-682307
Shyla C.K. (53 years)
Cheriyaveliyil House, Pallikadavu, Udayamperoor P.O., Ernakulam-682307
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize Rs.2,33,989.58 from the defendants.
Evidence:
In the result, suit is decreed as follows. 1.The plaintiff is entitled to realize Rs.2,33,989.58 from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 12% per annum from the date of suit till date of decree.
Evidence:
2.The plaintiff is entitled to realize interest @ 12% per annum for Rs.2,33,989.58 from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 6% per annum from date of decree till date of realization.
Evidence:
3. The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,33,989.58 from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
4. The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Original sanction letter issued by the plaintiff to the defendants.
Reference:
Ext.A1
Document Type:
Declaration Cum Undertaking Cum Authority
Submitted By:
Plaintiff
Relevance:
Original declaration cum undertaking executed by the defendants in favour of the plaintiff.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note executed by the 1st defendant in favour of the plaintiff.
Reference:
Ext.A3
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Original letter of installment executed by the 1st defendant in favour of the plaintiff.
Reference:
Ext.A4
Document Type:
General form of guarantee
Submitted By:
Plaintiff
Relevance:
Original general form of guarantee executed by the 2nd defendant in favour of the plaintiff.
Reference:
Ext.A5
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt executed by the 1st defendant in favour of the plaintiff.
Reference:
Ext.A6
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer's notice issued by the plaintiff to the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original acknowledgment card related to the lawyer's notice.
Reference:
Ext.A8
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts for the period from 03.01.2020 to 24.01.2023.
Reference:
Ext.A9