Case Summary
The case involves Bank of Baroda seeking to recover a loan amount from Jobi George. Jobi George defaulted on a loan taken for purchasing a vehicle under a banking scheme.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹1,18,159.40/- from the defendant and his assets, with interest at the rate of 9% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the loan amount along with interest. The defendant was absent, leading to an ex parte decision.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged as the defendant did not appear in court.
The evidence presented by the plaintiff was unchallenged as the defendant did not appear in court.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged as the defendant did not appear in court.
The evidence presented by the plaintiff was unchallenged as the defendant did not appear in court.
Supporting Evidence
Therefore, plaintiff is entitled to realise ₹1,18,159.40/- with interest at the rate of 9% per annum with monthly rests from the date of suit till date of decree.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹1,18,159.40/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- represented by its Chief Manager, Shan.M
- Party Role
- Defendant
- Party Name
- Jobi George
- Party Age
- 30
- Relation
- S/o D.George
Plaintiffs Documents
Loan Application, Agreement of Hypothecation, General Undertaking, Letter of Acknowledgment of Debt, Demand Notice, Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mini Girish
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹1,18,159.40/- from the defendant and his assets.
Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹1,18,159.40/- from the defendant and his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 9% per annum with monthly rests from 01/08/2022 till the date of decree.
Evidence:
2. Plaintiff is allowed to realise interest at the rate of 9% per annum with monthly rests from 01/08/2022 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
3. Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Evidence:
4. Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document serves as the loan application submitted by the defendant to the plaintiff bank.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the hypothecation related to the loan.
Reference:
Ext.A2
Document Type:
General Undertaking
Submitted By:
Plaintiff
Relevance:
This document signifies the general undertaking by the defendant regarding the loan.
Reference:
Ext.A3
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
This letter acknowledges the debt owed by the defendant as per the records.
Reference:
Ext.A4
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the defendant demanding repayment of the loan.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This serves as proof of the postal communication sent to the defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card was used to confirm receipt of communications by the defendant.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document details the transactions and outstanding balances in the defendant's account.
Reference:
Ext.A8
Document Type:
Certificate of Unapplied Interest
Submitted By:
Plaintiff
Relevance:
This certificate indicates the interest amounts that were not applied to the loan.
Reference:
Ext.A9
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
OS.NO.
Case Code Year
2022