Case Summary
The case involves Bank of Baroda seeking repayment of a loan amount from the defendants, P.K. Saju and Manju Suresh. The defendants defaulted on the loan repayment, prompting the plaintiff to file the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are ordered to pay Rs.4,48,614.31 along with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to pay the outstanding amount along with interest. The court established the defendants' liability due to their failure to repay the loan.
Why Plaintiff Won:
The plaintiff established a case supported by evidence including documents showing the defendants' acknowledgment of their liability.
The plaintiff established a case supported by evidence including documents showing the defendants' acknowledgment of their liability.
Losing Side's Weaknesses:
The plaintiff established a case supported by evidence including documents showing the defendants' acknowledgment of their liability.
The plaintiff established a case supported by evidence including documents showing the defendants' acknowledgment of their liability.
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.4,48,614.31 with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.4,48,614.31 along with interest @10.80% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- represented by its Senior Manager
- Party Role
- Defendant
- Party Name
- P.K. Saju
- Party Age
- 54
- Relation
- S/o Kurian.P.
- Party Role
- Defendant
- Party Name
- Manju Suresh
- Party Age
- 46
- Relation
- W/o Suresh Kumar
Plaintiffs Documents
Sanction letter, Instrument of Hypothecation deed, Declaration-cum-undertakings-cum Authority, Demand Promissory note, Letter of installment with acceleration clause, General form of guarantee, Letter of acknowledgment of debt, Demand notices, Statement of account, Certified copy of Sale Deed.
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
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy.A.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall pay Rs.4,48,614.31 along with interest.
Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.4,48,614.31 along with interest @10.80% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
2) Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
3) Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter issued by the plaintiff bank to the defendant.
Reference:
Ext.A1
Document Type:
Instrument of Hypothecation
Submitted By:
Plaintiff
Relevance:
Instrument of Hypothecation deed executed by 1st defendant in favour of the plaintiff bank.
Reference:
Ext.A2
Document Type:
Declaration cum Undertakings cum Authority
Submitted By:
Plaintiff
Relevance:
Declaration cum undertakings cum Authority executed by 1st defendant in favour of the plaintiff bank.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Demand Promissory note executed by 1st defendant in favour of plaintiff bank.
Reference:
Ext.A4
Document Type:
Letter of Installment
Submitted By:
Plaintiff
Relevance:
Letter of installment with acceleration clause executed by 1st defendant.
Reference:
Ext.A5
Document Type:
General form of guarantee
Submitted By:
Plaintiff
Relevance:
General form of guarantee executed by 2nd defendant in favour of the plaintiff bank.
Reference:
Ext.A6
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Letter of acknowledgment of debt executed by defendants.
Reference:
Ext.A7
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Demand notice issued by the plaintiff bank to the first defendant.
Reference:
Ext.A8
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Demand Notice issued by the plaintiff bank to the 2nd defendant.
Reference:
Ext.A9
Document Type:
A/d Cards
Submitted By:
Plaintiff
Relevance:
A/d Cards submitted as part of the evidence.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account of the plaintiff for the specific period.
Reference:
Ext.A11
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed of SRO, Kumbalam.
Reference:
Ext.A12
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 P.K. Saju et al regarding realization of money.
Case Code Year
Case between Bank of Baroda vs P.K. Saju et al regarding realization of money.