Case Summary
The plaintiff, Bank of Baroda, is seeking recovery of outstanding loan amounts from the defendant, Salinkumar P.P., who did not appear in court. The defendant defaulted on repayments for loans taken from the plaintiff bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize a sum of Rs.2,42,959.97 and interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the bank to recover the outstanding loan amounts from the defendant. Interest on the amount was also granted.
Why Plaintiff Won:
The plaintiff established the loan agreements and the defendant's defaults.
The plaintiff established the loan agreements and the defendant's defaults.
Losing Side's Weaknesses:
The plaintiff established the loan agreements and the defendant's defaults.
The plaintiff established the loan agreements and the defendant's defaults.
Supporting Evidence
The unrebutted oral testimony of PW1 and A1 to A16 established his case as pleaded by him.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.2,42,959.97 from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- represented by its Chief Manager
- Party Role
- Defendant
- Party Name
- Salinkumar P.P.
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Sanction letter dated 04.10.2019, Demand promissory note dated 04.10.2019, Letter of continuing security executed by the defendant, Lawyer notice dated 25.01.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh G. Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashwathy A.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa N.U.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover a sum of Rs.2,42,959.97 from the defendant.
Evidence:
the plaintiff is entitled to realize a sum of Rs.2,42,959.97 from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to interest at 11.10% per annum on the sum from the date of the suit till the date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 11.10% per annum for Rs.2,42,959.97 from the date of suit till date decree from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to interest at 6% per annum on the sum from the date of decree till realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.2,42,959.97 from date of decree till date of realization from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank concerning the loan sanction.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant for the loan taken.
Reference:
Ext.A2
Document Type:
Declarations cum Undertaking cum Authority
Submitted By:
Plaintiff
Relevance:
Executed by the defendant concerning the terms of the loan.
Reference:
Ext.A3
Document Type:
Letter of Continuing Security
Submitted By:
Plaintiff
Relevance:
Executed by the defendant to secure the loan.
Reference:
Ext.A4
Document Type:
Instrument of hypothecation of movable machinery
Submitted By:
Plaintiff
Relevance:
Executed by the defendant for the hypothecation related to the loan.
Reference:
Ext.A5
Document Type:
Acceptance of offer for pre-approved BOB Guaranteed Emergency Credit Line Scheme
Submitted By:
Plaintiff
Relevance:
Document executed by the defendant to accept the loan scheme.
Reference:
Ext.A6
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant for the additional loan taken.
Reference:
Ext.A7
Document Type:
Letter of Continuing Security
Submitted By:
Plaintiff
Relevance:
Executed by the defendant to secure the additional loan.
Reference:
Ext.A8
Document Type:
Loan cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant regarding the loan terms.
Reference:
Ext.A9
Document Type:
Declaration Cum Undertaking Cum Authority
Submitted By:
Plaintiff
Relevance:
Executed by the defendant for loan confirmation.
Reference:
Ext.A10
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Executed by the defendant acknowledging the debt liabilities.
Reference:
Ext.A11
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Executed by the defendant acknowledging the debt liabilities.
Reference:
Ext.A12
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank demanding repayment.
Reference:
Ext.A13
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment related to the notice issued.
Reference:
Ext.A14
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Summary of account details from the bank for the loan.
Reference:
Ext.A15
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Summary of account details from the bank for the additional loan.
Reference:
Ext.A16
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 Salinkumar P.P. regarding realization of money
Case Code Year
Case between Bank of Baroda vs Salinkumar P.P. regarding realization of money