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
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.
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
Plaintiffs
Bank of Baroda (Age not specified years)
Thripunithura Branch, Ernakulam
Defendants
Stella Francis (38 years)
C/o. P.J. Antony, Polayil House, Convent Road, S N Junction, Tripunithura, Ernakulam-682 301
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