Case Summary
The plaintiff, Bank of Baroda, filed a suit against M/s. Nalina Stores for recovery of an outstanding loan amount. The defendants failed to appear in court and were placed exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 65,026/- with interest at the rate of 9.10% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence proving entitlement to the amount.
The plaintiff provided unchallenged evidence proving entitlement to the amount.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Plaintiff's unchallenged evidence prove its case and it is entitled to a decree to realise the amount from the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs and defendants shall pay an amount of Rs. 65,026/- (Rupees Sixty Five thousand and Twenty Six only) to the plaintiff with interest at the rate of 9.10% per annum for the principal amount from the date of suit till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Body corporate
- Party Role
- Defendant
- Party Name
- M/s. Nalina Stores
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anitha.S
- Relation
- W/o Vijayan
Plaintiffs Documents
The Original loan application, The original Attestation Memo, The original letter of Sole-Proprietorship, The original Composite hypothecation agreement, The original of General Undertaking, The original of Demand Promissory Note for sole proprietorship firm, The original letter of continuing security, The loan sanctioning letter, The copy of legal notice, The postal receipts (2 Nos), Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sheeba Jaffer Sait
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the outstanding loan amount.
Evidence:
Thus, the plaintiff is entitled to realize the total amount of Rs. 65,026/- (Rupees Sixty Five thousand and Twenty Six only) with interest at the rate of 9.10% per annum with monthly rests from the date of suit till the date of realization from the defendants and his assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document was used to establish the initiation of the loan.
Reference:
Ext.A1
Document Type:
Original Attestation Memo
Submitted By:
Plaintiff
Relevance:
This document was part of the loan agreement.
Reference:
Ext.A2
Document Type:
Original letter of Sole-Proprietorship
Submitted By:
Plaintiff
Relevance:
This document confirmed the business structure of the borrower.
Reference:
Ext.A3
Document Type:
Original composite hypothecation agreement
Submitted By:
Plaintiff
Relevance:
This document secured the loan with hypothecation.
Reference:
Ext.A4
Document Type:
Original General Undertaking
Submitted By:
Plaintiff
Relevance:
This document outlined the borrower's obligations.
Reference:
Ext.A5
Document Type:
Original Demand Promissory Note for sole proprietorship firm
Submitted By:
Plaintiff
Relevance:
This document served as a promise to pay the loan.
Reference:
Ext.A6
Document Type:
Original letter of continuing Security
Submitted By:
Plaintiff
Relevance:
This document provided ongoing security for the loan.
Reference:
Ext.A7
Document Type:
Loan Sanctioning Letter
Submitted By:
Plaintiff
Relevance:
This document indicated the approval of the loan.
Reference:
Ext.A8
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document evidenced communication regarding loan default.
Reference:
Ext.A9
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts confirmed the dispatch of the legal notice.
Reference:
Ext.A10
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This document was used as supporting evidence in the case.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Body corporate vs M/s. Nalina Stores et al regarding realization of money
Case Code Year
Case between Body corporate vs M/s. Nalina Stores et al regarding realization of money