Case Summary
The plaintiff, Bank of Baroda, is seeking to recover a loan amount of ₹3,64,491.26 from the defendant, Sooraj Soman, who allegedly failed to repay a business loan. The defendant claims that the liability was discharged as per assurance from the bank manager.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay ₹3,64,491.26 with interest at 6% per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay ₹3,64,491.26 with interest at 6%. The plaintiff is also entitled to recover costs from the defendant.
Why Plaintiff Won:
The plaintiff was able to substantiate the financial claims with documentary evidence.
The plaintiff was able to substantiate the financial claims with documentary evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has produced substantial documentary evidence and the balance due amount was confirmed by the bank's witness.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) It is ordered that the defendant to pay to the plaintiff the sum of ₹3,64,491.26 (Rupees Three Lakh Sixty Four Thousand Four Hundred and Ninety One and Paise Twenty Six only) with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum. 2) The plaintiff is entitled to realise the costs from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Party Role
- Defendant
- Party Name
- Sooraj Soman
- Relation
- S/o
Plaintiffs Documents
Application for Mudra Loan, Demand Promissory Note, Statement of Accounts, Lawyer's Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anitha V.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Glory Ann Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jaison Paliyil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff granted the amount of ₹3,64,491.26 with interest.
Evidence:
the plaintiff is entitled to realise ₹3,64,491.26 with interest
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff granted recovery of costs from the defendant.
Evidence:
the plaintiff is entitled to realise the costs from the defendant
Documents & Evidence
Document Type:
Mudra Loan Application
Submitted By:
Plaintiff
Relevance:
Application form for Mudra loan granting ₹10,00,000/-.
Reference:
Ext.A1
Document Type:
Appraisal Format
Submitted By:
Plaintiff
Relevance:
Document regarding appraisal for Pradhan Mantri Mudra Yojana.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note executed for the loan.
Reference:
Ext.A3
Document Type:
Request for Overdraft
Submitted By:
Plaintiff
Relevance:
Letter requesting overdraft facility.
Reference:
Ext.A4
Document Type:
Letter of Continuing Security
Submitted By:
Plaintiff
Relevance:
Agreement as continuing security for the loan.
Reference:
Ext.A5
Document Type:
Sole Proprietorship Letter
Submitted By:
Plaintiff
Relevance:
Document confirming the sole proprietorship.
Reference:
Ext.A6
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
Stamp agreement regarding hypothecation and power of attorney.
Reference:
Ext.A7
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
Stamp agreement regarding hypothecation and power of attorney.
Reference:
Ext.A8
Document Type:
Declaration-cum-Undertaking
Submitted By:
Plaintiff
Relevance:
Document acting as a declaration and authority.
Reference:
Ext.A9
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Letter acknowledging the debt owed by the defendant.
Reference:
Ext.A10
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Account statement showing balances and repayments.
Reference:
Ext.A11
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant for recovery of the loan.
Reference:
Ext.A12
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of the lawyer's notice.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Bank of Baroda vs Sooraj Soman regarding realisation of money
Case Code Year
Case between Bank of Baroda vs Sooraj Soman regarding realisation of money