Case Summary
The plaintiff, Bank of Baroda, filed a suit against the defendant, Liju Sony, for the recovery of money owed due to unpaid credit card bills. The case involves claims for a total amount of Rs.1,47,738 with interest, citing the defendant's failure to maintain a sufficient balance in her account.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,47,738 along with interest at 12% per annum from 25.05.2022 till the date of decree, and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.1,47,738 along with interest. Additionally, the defendant's assets are liable to satisfy the decree debt.
Why Plaintiff Won:
The plaintiff proved the case by establishing the debt through documents and witness testimony that remained unchallenged.
The plaintiff proved the case by establishing the debt through documents and witness testimony that remained unchallenged.
Losing Side's Weaknesses:
The plaintiff proved the case by establishing the debt through documents and witness testimony that remained unchallenged.
The plaintiff proved the case by establishing the debt through documents and witness testimony that remained unchallenged.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,47,738 with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.1,47,738 along with interest @12% per annum from 25.05.2022 till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- represented by its Senior Manager
- Party Role
- Defendant
- Party Name
- Liju Sony
- Party Age
- 45
- Relation
- W/o Sony John
Plaintiffs Documents
Copy of the Credit Card Application, Sanction letter, Lawyer notice issued by the plaintiff bank to the defendant, Postal Receipt, Statement of account of Account No.204701011002464 for the period from 31.12.2018 to 21.03.2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh.G. Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa.N.U.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy.A.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.1,47,738 along with interest.
Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.1,47,738 along with interest @12% per annum from 25.05.2022 till the date of decree and 6% from the date of decree till payment or realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant's assets shall be liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and her assets shall also be liable to satisfy the decree debt.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Credit Card Application
Submitted By:
Plaintiff
Relevance:
Document related to the application for credit card submitted by the defendant.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Letter indicating the sanctioning of the credit card by the plaintiff bank.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by the plaintiff bank to the defendant demanding payment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt related to the notice sent to the defendant.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document showing the account statement for the relevant period.
Reference:
Ext.A5
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 Liju Sony regarding realization of money
Case Code Year
Case between Bank of Baroda vs Liju Sony regarding realization of money