Case Summary
This case involves the Bank of Baroda suing Sisupalan A.K. and Shyla C.K. for the realization of a personal loan that has not been repaid. The defendants defaulted on their loan payments despite acknowledging their liability.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.2,33,989.58 from the defendants and from their assets with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, allowing them to recover the amount due from the defendants. The defendants were liable for their default on the loan.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff and the documents submitted established the plaintiff's case.
The unrebutted oral testimony of the plaintiff and the documents submitted established the plaintiff's case.
Losing Side's Weaknesses:
The unrebutted oral testimony of the plaintiff and the documents submitted established the plaintiff's case.
The unrebutted oral testimony of the plaintiff and the documents submitted established the plaintiff's case.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 to A9 established his case as pleaded by him.
Judgment Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.2,33,989.58 from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- represented by its Senior Manager
- Party Role
- Defendant
- Party Name
- Sisupalan A.K.
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shyla C.K.
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Sanction letter dated 03.01.2020, Declaration cum undertaking Cum Authority dated 03.01.2020, Demand promissory note dated 03.01.2020, Letter of installment with acceleration clause dated 03.01.2020, General form of Guarantee dated 03.01.2020, Letter of acknowledgment of debt dated 19.08.2022, Office copy of lawyer notice dated 01.12.2022, Statement of accounts.
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:
The plaintiff is entitled to realize Rs.2,33,989.58 from the defendants.
Evidence:
In the result, suit is decreed as follows. 1.The plaintiff is entitled to realize Rs.2,33,989.58 from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 12% per annum from the date of suit till date of decree.
Evidence:
2.The plaintiff is entitled to realize interest @ 12% per annum for Rs.2,33,989.58 from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest at 6% per annum from date of decree till date of realization.
Evidence:
3. The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,33,989.58 from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
4. The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Original sanction letter issued by the plaintiff to the defendants.
Reference:
Ext.A1
Document Type:
Declaration Cum Undertaking Cum Authority
Submitted By:
Plaintiff
Relevance:
Original declaration cum undertaking executed by the defendants in favour of the plaintiff.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note executed by the 1st defendant in favour of the plaintiff.
Reference:
Ext.A3
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Original letter of installment executed by the 1st defendant in favour of the plaintiff.
Reference:
Ext.A4
Document Type:
General form of guarantee
Submitted By:
Plaintiff
Relevance:
Original general form of guarantee executed by the 2nd defendant in favour of the plaintiff.
Reference:
Ext.A5
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt executed by the 1st defendant in favour of the plaintiff.
Reference:
Ext.A6
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer's notice issued by the plaintiff to the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original acknowledgment card related to the lawyer's notice.
Reference:
Ext.A8
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts for the period from 03.01.2020 to 24.01.2023.
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 Sisupalan A.K. et al regarding Realization Of Money
Case Code Year
Case between Bank of Baroda vs Sisupalan A.K. et al regarding Realization Of Money