Case Summary
The case involves The Bank of Baroda as the plaintiff and Mr Fahad Rahman P P, Mrs Farhana Sherin, and Mrs Jameela T M as defendants. The plaintiff seeks repayment of a defaulted loan amount guaranteed by the third defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs.8,13,271 with future interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants must pay a total of Rs.8,13,271 and Rs.80,760 along with ongoing interest rates to the plaintiff due to default on loan repayments.
Why Plaintiff Won:
The plaintiff established that the defendants defaulted on their repayment obligations.
The plaintiff established that the defendants defaulted on their repayment obligations.
Losing Side's Weaknesses:
The plaintiff established that the defendants defaulted on their repayment obligations.
The plaintiff established that the defendants defaulted on their repayment obligations.
Supporting Evidence
The evidence of PW1 and the documents produced by her remains unchallenged. As such, I find that the plaintiff had proved her case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: 1)The defendants are directed to pay an amount of Rs.8,13,271/- (Rupees eight lakhs thirteen thousand two hundred and seventy one only) with future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Bank of Baroda
- Party Role
- Defendant
- Party Name
- Mr Fahad Rahman P P
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs Farhana Sherin
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mrs Jameela T M
- Party Age
- 68
- Relation
- D/o
Plaintiffs Documents
Application for loan, Sanction memo, Hypothecation Deed, Letter of guarantee, Acknowledgment of liability, Demand notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Husna.C.P.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay an amount of Rs.8,13,271/- with future interest.
Evidence:
The defendants are directed to pay an amount of Rs.8,13,271/- (Rupees eight lakhs thirteen thousand two hundred and seventy one only) with future interest at 12% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realize costs of the suit from the defendants.
Documents & Evidence
Document Type:
Application for Loan
Submitted By:
Plaintiff
Relevance:
This document is the application for the vehicle loan taken by defendants.
Reference:
Ext.A1
Document Type:
Sanction Memo
Submitted By:
Plaintiff
Relevance:
Sanction memo for the vehicle loan granted to the defendants.
Reference:
Ext.A2
Document Type:
Hypothecation Deed executed
Submitted By:
Plaintiff
Relevance:
Deed executed by the first and second defendants as part of loan agreement.
Reference:
Ext.A3
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Letter executed by the third defendant as guarantor.
Reference:
Ext.A4
Document Type:
Retail Invoice
Submitted By:
Plaintiff
Relevance:
Invoice for the purchase of the vehicle financed by the bank.
Reference:
Ext.A5
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
Document evidencing acknowledgment of loan liability by second defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
Document evidencing acknowledgment of loan liability by first defendant.
Reference:
Ext.A7
Document Type:
Application for Baroda personal loan
Submitted By:
Plaintiff
Relevance:
Application submitted by defendants to avail a personal loan.
Reference:
Ext.A8
Document Type:
Sanction Memo
Submitted By:
Plaintiff
Relevance:
Sanction memo for the personal loan issued by the bank.
Reference:
Ext.A9
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Letter with negative lien clause regarding loan security.
Reference:
Ext.A10
Document Type:
General firm of guarantee
Submitted By:
Plaintiff
Relevance:
Document regarding general firm guarantee.
Reference:
Ext.A11
Document Type:
D.P.Note
Submitted By:
Plaintiff
Relevance:
Document related to the fixed deposits as part of the loan agreement.
Reference:
Ext.A12
Document Type:
Letter of acknowledgment debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt document signed by first defendant.
Reference:
Ext.A13
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by the bank recalling overdue amounts.
Reference:
Ext.A14
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt evidencing the sending of the demand notice.
Reference:
Ext.A14(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of demand notice.
Reference:
Ext.A14(b)
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the second defendant regarding overdue payments.
Reference:
Ext.A14(c)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the notice sent to the second defendant.
Reference:
Ext.A14(d)
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment for the notice sent to the second defendant.
Reference:
Ext.A14(e)
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the third defendant regarding overdue payments.
Reference:
Ext.A14(f)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the notice sent to the third defendant.
Reference:
Ext.A14(g)
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment for the notice sent to the third defendant.
Reference:
Ext.A14(h)
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Detailed account statement evidencing outstanding dues.
Reference:
Ext.A15
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account for personal loan showing dues.
Reference:
Ext.A16
Document Type:
Statement showing unapplied interest
Submitted By:
Plaintiff
Relevance:
Document showing unapplied interest for the personal loan.
Reference:
Ext.A17
Document Type:
Statement showing unapplied interest
Submitted By:
Plaintiff
Relevance:
Detailed statement showing unapplied interest for car loan.
Reference:
Ext.A18
Document Type:
Statement of Unapplied Interest
Submitted By:
Plaintiff
Relevance:
Statement detailing unapplied interest for the personal loan.
Reference:
Ext.A19
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the plaintiff's lawyer demanding payment.
Reference:
Ext.A20
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 The Bank of Baroda vs Mr Fahad Rahman P P et al regarding realisation of loan amount
Case Code Year
Case between The Bank of Baroda vs Mr Fahad Rahman P P et al regarding realisation of loan amount