Case Summary
The case involves the Bank of Baroda seeking to recover a loan amount from the defendant, Seena G.C, who failed to repay after availing multiple loans. The defendant did not appear in court, and the plaintiff's claims remained unchallenged.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.2,83,425.46, Rs.8,503.87 and Rs.48,935.96 with interest at the rate of 11.05% per annum and 6% per annum thereafter.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to repay the outstanding loan amount with interest.
Why Plaintiff Won:
The defendant failed to contest the case, and the plaintiff provided sufficient evidence to support their claims.
The defendant failed to contest the case, and the plaintiff provided sufficient evidence to support their claims.
Losing Side's Weaknesses:
The defendant failed to contest the case, and the plaintiff provided sufficient evidence to support their claims.
The defendant failed to contest the case, and the plaintiff provided sufficient evidence to support their claims.
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 a loan facility from the plaintiff Bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. Plaintiff is entitled to realise an amount of Rs.2,83,425.46/- with interest at the rate of 11.05% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Seena G.C
- Party Age
- 27
- Relation
- W/o
Plaintiffs Documents
Loan Application Form, Loan Sanction letter, Declarations cum undertakings cum authority, Composite Hypothecation agreement, General undertaking, Demand Promissory note, Letter of request for overdraft, Letter of sole proprietorship, Declarations cum authority, Loan cum Hypothecation agreement, Composite Hypothecation agreement, Demand promissory note, Letter of Continuing Security, Letter of undertaking with negative lien, Letter of Sole Proprietorship, Letter of installment with acceleration, General Undertaking, Certified copy of statement of accounts, Copy of Legal Notice, Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Gadha.S Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the outstanding loan amounts with interest.
Evidence:
In the result, the suit is decreed with costs as follows: 1.Plaintiff is entitled to realise an amount of Rs.2,83,425.46/- (Rupees Two lakhs eighty three thousand four hundred and twenty five and forty six paise only), Rs.8,503.87/-(Rupees Eight thousand five hundred and three and eighty seven paise only) and Rs.48,935.96/-(Rupees Forty eight thousand nine hundred and thirty five and ninety six paise only) with interest at the rate of 11.05% per annum from the date of suit till the date of decree from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendant and her assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of the loan application by the defendant.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Indicates the sanctioning of the loan amount.
Reference:
Ext.A2
Document Type:
Declarations cum undertakings cum authority
Submitted By:
Plaintiff
Relevance:
Serves as part of the security for the loan as agreed.
Reference:
Ext.A3
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms under which the loan is secured.
Reference:
Ext.A4
Document Type:
General Undertaking
Submitted By:
Plaintiff
Relevance:
Another document supporting the loan agreement.
Reference:
Ext.A5
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Acknowledges the debt obligation of the defendant.
Reference:
Ext.A6
Document Type:
Letter of request for overdraft
Submitted By:
Plaintiff
Relevance:
Related to additional loan facilities availed.
Reference:
Ext.A7
Document Type:
Letter of Sole Proprietorship
Submitted By:
Plaintiff
Relevance:
Confirms the status of the defendant's business.
Reference:
Ext.A8
Document Type:
Declarations under takings cum authority
Submitted By:
Plaintiff
Relevance:
Further establishes security for the loans.
Reference:
Ext.A9
Document Type:
Loan cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Details the terms for a subsequent loan availed.
Reference:
Ext.A10
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Reiterates the security terms for the loan.
Reference:
Ext.A11
Document Type:
Demand promissory Note(sole proprietorship firm)
Submitted By:
Plaintiff
Relevance:
Pertains to the debt acknowledgment specific to the firm.
Reference:
Ext.A12
Document Type:
Letter of Continuing Security
Submitted By:
Plaintiff
Relevance:
Reinforces the security provided for the loans.
Reference:
Ext.A13
Document Type:
Letter of undertaking with negative lien
Submitted By:
Plaintiff
Relevance:
Terms assuring the bank regarding securing the loan.
Reference:
Ext.A14
Document Type:
Letter of Sole Proprietorship
Submitted By:
Plaintiff
Relevance:
Affirms the sole proprietorship of the business.
Reference:
Ext.A15
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Includes provisions regarding the repayment schedule.
Reference:
Ext.A16
Document Type:
General Undertaking
Submitted By:
Plaintiff
Relevance:
Contains general terms related to the loan's governance.
Reference:
Ext.A17
Document Type:
Certified copy of statement of accounts
Submitted By:
Plaintiff
Relevance:
Shows the financial transactions related to the loan.
Reference:
Ext.A18
Document Type:
Certified copy of statement of accounts
Submitted By:
Plaintiff
Relevance:
Continues to document the financial history of the loan.
Reference:
Ext.A19
Document Type:
Computer print of Statement of account
Submitted By:
Plaintiff
Relevance:
Further substantiates the outstanding loan amounts.
Reference:
Ext.A20
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Documentation of the demand for repayment made to the defendant.
Reference:
Ext.A21
Document Type:
Unserved advocate’s Notice
Submitted By:
Plaintiff
Relevance:
Related to legal proceedings taken against the defendant.
Reference:
Ext.A22
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the legal notice by the defendant.
Reference:
Ext.A23
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
Case between Bank of Baroda vs Seena G.C regarding recovery of money.
Case Code Year
Case between Bank of Baroda vs Seena G.C regarding recovery of money.