Case Summary
Bank of Baroda filed a suit against Sujith T.S for the recovery of a loan amount of Rs. 1,87,444.53 due to continuous defaults in payments. The court found in favor of the plaintiff bank after the defendant failed to appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs. 1,87,444.53 with 11% interest per annum from the date of the suit till the date of the decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of Bank of Baroda, ordering Sujith T.S to pay Rs. 1,87,444.53 along with interest. The court noted the defendant's failure to appear as a significant factor in the decision.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of 1,87,444.53/-...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sujith T.S
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Sanction letter, Demand Promissory note, Letter of installment with acceleration clause, Declaration cum undertaking cum Authority, Instrument of Hypothecation of vehicle, Letter of acknowledgment of debt.
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:
The plaintiff is granted the amount of Rs. 1,87,444.53 along with interest.
Evidence:
The suit is decreed directing the defendants to pay an amount of 1,87,444.53/-...
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to 11% interest per annum from the date of suit till the date of decree.
Evidence:
with 11% interest per annum from the date of suit till the date of decree.
Relief Type:
Post Decretal Interest
Outcome:
Granted
Description:
The plaintiff is entitled to post decretal interest at 6% per annum.
Evidence:
the plaintiff is entitled to recover the decree amount from the defendant and from his assets with post decretal interest @ 6% per annum.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is awarded costs of litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document represents the approved loan amount sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document outlines the defendant's commitment to repay the loan borrowed from the plaintiff bank.
Reference:
Ext.A2
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
This document details the payment schedule and conditions tied to the loan agreement.
Reference:
Ext.A3
Document Type:
Declaration Cum Undertaking Cum Authority
Submitted By:
Plaintiff
Relevance:
This document is a formal declaration of the terms agreed upon for the loan.
Reference:
Ext.A4
Document Type:
Instrument of Hypothecation of Vehicle
Submitted By:
Plaintiff
Relevance:
This document serves as security for the loan taken by the defendant against the vehicle.
Reference:
Ext.A5
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
This document acknowledges the amount owed by the defendant on the specified date.
Reference:
Ext.A6
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
This document acknowledges another amount owed by the defendant at a later date.
Reference:
Ext.A7
Document Type:
Lawyer notice issued to the defendant
Submitted By:
Plaintiff
Relevance:
This document is a legal notice calling for payment of outstanding dues.
Reference:
Ext.A8
Document Type:
Lawyer notice issued to the defendant
Submitted By:
Plaintiff
Relevance:
This is another legal notice related to the recovery of outstanding dues.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of dispatch for the legal notice sent to the defendant.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document details the financial transactions in the loan account maintained by the plaintiff bank.
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
Recovery of money
Case Code
Case between Bank of Baroda vs Sujith T.S regarding recovery of money.
Case Code Year
Case between Bank of Baroda vs Sujith T.S regarding recovery of money.