Case Summary
The case involves Bank of Baroda seeking to recover a loan amount from the defendant, Manikandan. A, who defaulted on repayment. The court found in favor of the plaintiff after the defendant failed to appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs.3,45,200/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendant to pay Rs.3,45,200/- to the plaintiff with specified interest rates. The defendant is also ordered to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff proved the claim of borrowing and default through unchallenged evidence.
The plaintiff proved the claim of borrowing and default through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff proved the claim of borrowing and default through unchallenged evidence.
The plaintiff proved the claim of borrowing and default through unchallenged evidence.
Supporting Evidence
The claim of the plaintiff as to interest is exorbitant. The plaintiff is entitled to get a decree accordingly.
Judgment Evidence:
In the result, suit is decreed as follows: 1 The defendant is directed to pay Rs.3,45,200/- (Rupees Three Lakhs Forty Five Thousand And Two Hundred Only) to the plaintiff with interest at the rate of 7% per annum from the date of the decree and thereafter 6% per annum till the date of realization. 2 The defendant is also directed to pay costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda, Main Branch, Holiday City Centre, Bank Road, Kasaba amsom, Kalathinkunnu desom, Calicut- 673001
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Mr. Manu. M.P
- Party Age
- 47
- Relation
- S/o K. Madhava Kurup
- Party Role
- Defendant
- Party Name
- Manikandan. A
- Party Age
- 46
- Relation
- S/o Raman Nair. K
Plaintiffs Documents
Undertaking, Instrument of Hypothecation of Vehicles, Letter of Installment with Acceleration Clause, The Demand Promissory Note, Letter of Acknowledgment of debt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Jaleel Onath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Shiji. N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay Rs.3,45,200/- to the plaintiff.
Evidence:
The defendant is directed to pay Rs.3,45,200/- (Rupees Three Lakhs Forty Five Thousand And Two Hundred Only) to the plaintiff with interest at the rate of 7% per annum from the date of the decree and thereafter 6% per annum till the date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant is directed to pay costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get costs of the suit.
Documents & Evidence
Document Type:
Undertaking
Submitted By:
Plaintiff
Relevance:
The document relates to the borrowal and terms between the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Instrument of Hypothecation of Vehicles
Submitted By:
Plaintiff
Relevance:
Establishes the hypothecation of the vehicle as security for the loan.
Reference:
Ext.A2
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Details the installment payment terms to ensure repayment of the loan.
Reference:
Ext.A3
Document Type:
The Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Represents the formal promise of the defendant to pay the loan amount.
Reference:
Ext.A4
Document Type:
The letter of Acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Acknowledges the debts owed by the defendant to the plaintiff over several dates.
Reference:
Ext.A5
Document Type:
Attested copy of the statement of account
Submitted By:
Plaintiff
Relevance:
Provides a detailed account of the outstanding loan as of the relevant dates.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Bank of Baroda et al vs Manikandan. A regarding realization of money
Case Code Year
Case between Bank of Baroda et al vs Manikandan. A regarding realization of money