Case Summary
The plaintiff, Bank of Baroda, is seeking repayment of a loan amount from the defendant, Shanavas C.H., who failed to make payments as agreed. The court was informed that the defendant's account is classified as a Non-Performing Asset due to repeated defaults.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs. 2,96,984.53 with interest at 9.30% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to pay Rs. 2,96,984.53 with interest. The plaintiff is also entitled to recover costs of litigation.
Why Plaintiff Won:
The court found the plaintiff's evidence satisfactory and the defendant had not appeared to contest.
The court found the plaintiff's evidence satisfactory and the defendant had not appeared to contest.
Losing Side's Weaknesses:
The court found the plaintiff's evidence satisfactory and the defendant had not appeared to contest.
The court found the plaintiff's evidence satisfactory and the defendant had not appeared to contest.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed directing the defendants to pay an amount of 2,96,984.53/- (Rupees Two Lakh Ninety Six Thousand Nine Hundred and Eighty Four Only), with 9.30 % interest 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 its Senior Manager
- Party Role
- Defendant
- Party Name
- Shanavas C.H
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Sanction letter issued by the plaintiff bank, D.P. Note executed by the defendants, Letter of installment with Acceleration clause, Declaration-cum-Undertaking-Cum-Authority, Hypothecation Agreement, Letter of Acknowledgment of Debt, Office copy of the lawyer notice, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh G Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa N.U
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was granted recovery of the overdue loan amount.
Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of 2,96,984.53/- (Rupees Two Lakh Ninety Six Thousand Nine Hundred and Eighty Four Only), with 9.30 % interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff bank to the defendants, evidencing the loan agreement.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendants in favour of the plaintiff bank to secure the loan.
Reference:
Ext.A2
Document Type:
Letter of Instalment with Acceleration Clause
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff bank detailing payment terms.
Reference:
Ext.A3
Document Type:
Declaration-cum-Undertaking-cum-Authority
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff bank, confirming terms of the loan.
Reference:
Ext.A4
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff bank to secure the loan with assets.
Reference:
Ext.A5
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Executed by the defendant acknowledging his liability towards the loan.
Reference:
Ext.A6
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Notice issued by the plaintiff to the defendant, informing of the outstanding dues.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of notices or communications by the defendant.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement showing the loan account details and outstanding balance.
Reference:
Ext.A9
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 Shanavas C.H regarding Suit for money.
Case Code Year
Case between Bank of Baroda vs Shanavas C.H regarding Suit for money.