Case Summary
The plaintiff, Bank of Baroda, is suing the defendant, Stella Francis, for the recovery of a loan amounting to Rs.1,35,824.53/- due to multiple defaults. The loan was taken by the defendant to set up a business but remains unpaid despite acknowledgments of debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.1,35,824.53/- along with 12% interest per annum from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover Rs.1,35,824.53/- along with interest. The defendant was found liable for the outstanding loan amount due to non-payment.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff's witness established the debt and the defendant's failure to repay.
The unrebutted oral testimony of the plaintiff's witness established the debt and the defendant's failure to repay.
Losing Side's Weaknesses:
The unrebutted oral testimony of the plaintiff's witness established the debt and the defendant's failure to repay.
The unrebutted oral testimony of the plaintiff's witness established the debt and the defendant's failure to repay.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A11 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows: Plaintiff is entitled to realize Rs.1,35,824.53/- from the defendant and from her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Stella Francis
- Party Age
- 38
- Relation
- W/o
Plaintiffs Documents
Original sanction letter dated 03.02.2016, Original demand promissory note dated 03.02.2016, Original letter of instalment with acceleration clause dated 03.02.2016.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh G. Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa N.U.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,35,824.53 from the defendant.
Evidence:
In the result, suit is decreed as follows: Plaintiff is entitled to realize Rs.1,35,824.53/- (Rupees One Lakh Thirty Five Thousand Eight Hundred and Twenty Four and Fifty Three paise only) from the defendant and from her assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to interest at 12% per annum on the recovery amount from the date of suit.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.1,35,824.53/- (Rupees One Lakh Thirty Five Thousand Eight Hundred and Twenty Four and Fifty Three paise only) from the date of suit till date decree from the defendant and from her assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to interest at 6% per annum on the recovery amount from date of decree till realization.
Evidence:
Plaintiff is entitled to realize interest @6% per annum for Rs.1,35,824.53/- (Rupees One Lakh Thirty Five Thousand Eight Hundred and Twenty Four and Fifty Three paise only) from date of decree till date of realization from the defendant and from her assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from her assets.
Documents & Evidence
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
Establishes the loan was sanctioned.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Documents the borrower's promise to repay the loan.
Reference:
Ext.A2
Document Type:
Original letter of Installment with Acceleration Clause
Submitted By:
Plaintiff
Relevance:
Details repayment terms including acceleration in case of default.
Reference:
Ext.A3
Document Type:
Original composite hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Secures the loan with collateral.
Reference:
Ext.A4
Document Type:
Original declaration cum undertakings cum authority
Submitted By:
Plaintiff
Relevance:
Provides details of the borrower's undertakings.
Reference:
Ext.A5
Document Type:
Original Undertaking
Submitted By:
Plaintiff
Relevance:
Further secures the borrower's loan obligations.
Reference:
Ext.A6
Document Type:
Original letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Confirms the borrower's acknowledgment of debt.
Reference:
Ext.A7
Document Type:
Original letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Another acknowledgment of outstanding debt.
Reference:
Ext.A8
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Notifies the borrower of the debt and legal action.
Reference:
Ext.A9
Document Type:
Original unclaimed returned envelope with A/D card
Submitted By:
Plaintiff
Relevance:
Evidence of the failed delivery of the lawyer's notice.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the financial history and outstanding balance of the loan.
Reference:
Ext.A11
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 Stella Francis regarding Realization Of Money
Case Code Year
Case between Bank of Baroda vs Stella Francis regarding Realization Of Money