Case Summary
The plaintiff, Bank of Baroda, is seeking the recovery of money lent to the defendant, Anitha George. The defendant defaulted on a loan of ₹1,50,000/- and has failed to repay the outstanding amount despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of ₹1,30,305/- with 6% interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the outstanding amount from the defendant. Additionally, costs of the suit are also to be recovered.
Why Plaintiff Won:
The plaintiff provided sufficient evidence proving the defendant's liability to pay the outstanding amount.
The plaintiff provided sufficient evidence proving the defendant's liability to pay the outstanding amount.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence proving the defendant's liability to pay the outstanding amount.
The plaintiff provided sufficient evidence proving the defendant's liability to pay the outstanding amount.
Supporting Evidence
The oral and documentary evidence presented by PW1 prove that an amount of ₹1,30,305/- is due from the defendant. The documents produced by the plaintiff show that the defendant is liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realise an amount of ₹1,30,305/- with 6% interest from the date of the suit until the date of realization, from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Party Role
- Defendant
- Party Name
- Anitha George
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Loan application dated 14/06/2021, Loan sanction letter dated 14/06/2021, Demand promissory note dated 14/06/2021, Letter of installments with acceleration clause dated 14/06/2021, Declaration-cum-Undertaking-cum-Authority dated 14/06/2021, Pre-Sanction Visit report for retail Lending dated 14/06/2021, Advocate’s notice dated 02/05/2023, Postal receipt dated 03/05/2023, Acknowledgment card signed by the defendant, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sheeba Jaffer Sait
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realize an amount of ₹1,30,305/- with interest.
Evidence:
The plaintiff is entitled to realize an amount of ₹1,30,305/- (Rupees One Lakh Thirty Thousand Three Hundred and Five Only) with 6% interest from the date of the suit until the date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize the costs of this suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document showing the defendant's application for a loan.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Document indicating the sanctioning of the loan to the defendant.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document wherein the defendant promised to repay the loan.
Reference:
Ext.A3
Document Type:
Letter of installments with acceleration clause
Submitted By:
Plaintiff
Relevance:
Document detailing the repayment schedule and terms of the loan.
Reference:
Ext.A4
Document Type:
Declaration-cum-Undertaking-cum-Authority
Submitted By:
Plaintiff
Relevance:
Document evidencing the defendant's agreement to the conditions of the loan.
Reference:
Ext.A5
Document Type:
Pre-Sanction Visit Report for Retail Lending
Submitted By:
Plaintiff
Relevance:
Document resulting from the bank's assessment before granting the loan.
Reference:
Ext.A6
Document Type:
Advocate’s notice
Submitted By:
Plaintiff
Relevance:
Document indicating the legal notice served to the defendant for repayment.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of the advocate's notice to the defendant.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Document showing the defendant's acknowledgment of receipt of the notice.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document detailing the outstanding balance and repayment history of the loan.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2023