Case Summary
Bank of Baroda has filed a suit against GMS Trading and its proprietor for recovery of a loan amount. The court found the defendants liable for the unpaid loan funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.2,59,026.63, Rs.24,032.04, and Rs.10,672.57 together with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to repay the total outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff established its case through unchallenged documentary evidence and testimonies.
The plaintiff established its case through unchallenged documentary evidence and testimonies.
Losing Side's Weaknesses:
The plaintiff established its case through unchallenged documentary evidence and testimonies.
The plaintiff established its case through unchallenged documentary evidence and testimonies.
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the defendants have availed loan facility from the plaintiff Bank...
Judgment Evidence:
In the result, the suit is decreed with costs: 1. Plaintiff is entitled to realise an amount of Rs.2,59,026.63, an amount of Rs.24,032.04 and an amount of Rs.10,672.57 together with interest...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Party Role
- Defendant
- Party Name
- GMS Trading
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Rajimol
- Party Age
- 41
- Relation
- D/o
Plaintiffs Documents
Loan Application Form, Loan Sanction letter, Declaration’s cum undertakings cum authority, Composite Hypothecation agreement, General undertaking, DP Note for proprietorship firm, Letter of authority to deduct installment, Advocate notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Smt.Gadha.S Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover outstanding loan amounts from the defendants.
Evidence:
The plaintiff is entitled to realise an amount of Rs.2,59,026.63/- (Rupees Two lakhs fifty nine thousand and twenty six and sixty three paise only), an amount of Rs.24,032.04/- (Rupees Twenty four thousand and thirty two and four paises only) and an amount of Rs.10,672.57/- (Rupees Ten thousand six hundred and seventy two and fifty seven paise only) together with interest at the rate of 11.40% per annum from the date of suit till the date of decree from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover costs incurred in the suit from the defendants.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document was submitted as part of the evidence regarding the loan application.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document was submitted to show the sanction of the loan by the plaintiff bank.
Reference:
Ext.A2
Document Type:
Declaration’s Cum Undertakings Cum Authority
Submitted By:
Plaintiff
Relevance:
This document supported evidence about the undertakings and authority related to the loan.
Reference:
Ext.A3
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document established the terms of hypothecation related to the loan.
Reference:
Ext.A4
Document Type:
General Undertaking
Submitted By:
Plaintiff
Relevance:
This document is related to the general terms agreed upon by the defendant regarding the loan.
Reference:
Ext.A5
Document Type:
DP Note for Proprietorship Firm
Submitted By:
Plaintiff
Relevance:
These documents were submitted to confirm the proprietorship and associated terms.
Reference:
Ext.A6 and A7
Document Type:
Letter of Continuing Security
Submitted By:
Plaintiff
Relevance:
This document was used to establish the ongoing security agreement.
Reference:
Ext.A8
Document Type:
Letter of Sole Proprietorship
Submitted By:
Plaintiff
Relevance:
This document confirmed the sole proprietorship of the defendant.
Reference:
Ext.A9
Document Type:
Draft undertaking
Submitted By:
Plaintiff
Relevance:
This document was used to support the terms of the loan agreement.
Reference:
Ext.A10
Document Type:
Letter of authority
Submitted By:
Plaintiff
Relevance:
This document was used to validate the authorized personnel under the loan agreement.
Reference:
Ext.A11
Document Type:
Letter of Authority to Deduct Installment
Submitted By:
Plaintiff
Relevance:
This document explained the authority of the bank to deduct installments from the borrowed amount.
Reference:
Ext.A12
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document was related to an additional hypothecation agreement executed for enhanced loan.
Reference:
Ext.A13
Document Type:
DP Note for Proprietorship Firm
Submitted By:
Plaintiff
Relevance:
This document validated the financial arrangement in place.
Reference:
Ext.A14
Document Type:
Letter of Continuing Security
Submitted By:
Plaintiff
Relevance:
This document reinforced the ongoing security agreement for the enhanced loan.
Reference:
Ext.A15
Document Type:
General Undertaking
Submitted By:
Plaintiff
Relevance:
This document outlined the general terms associated with the loan.
Reference:
Ext.A16
Document Type:
Letter of Sole Proprietorship
Submitted By:
Plaintiff
Relevance:
This document reaffirmed the status of the defendant as the sole proprietor.
Reference:
Ext.A17
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
This document confirmed the defendant's acknowledgment of the debt owed to the plaintiff bank.
Reference:
Ext.A18
Document Type:
Computer print of Statement of account
Submitted By:
Plaintiff
Relevance:
These documents provided detailed account statements establishing the amounts owed.
Reference:
Ext.A19, Ext.A20, Ext.A21
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document illustrated the legal notice served to the defendant demanding payment of dues.
Reference:
Ext.A22
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These documents served as acknowledgments of receipt of communications by the defendant.
Reference:
Ext.A23 series
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Bank of Baroda vs GMS Trading et al regarding recovery of money
Case Code Year
Case between Bank of Baroda vs GMS Trading et al regarding recovery of money