Case Summary
The case involves Bank of Baroda bringing a suit against M/s.G.V.Construction for recovery of money owed due to breached loan agreements. The defendants failed to respond or appear in court, leading to an ex parte decision.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.5,17,763.89/- with interest at the rate of 13% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting them the loan amount due with interest. The defendants are held liable for the outstanding dues as they did not contest the claims.
Why Plaintiff Won:
The plaintiff established its case through unchallenged testimony and documentation.
The plaintiff established its case through unchallenged testimony and documentation.
Losing Side's Weaknesses:
The plaintiff established its case through unchallenged testimony and documentation.
The plaintiff established its case through unchallenged testimony and documentation.
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the defendants have availed a loan facility from the plaintiff Bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1.Plaintiff is entitled to realise an amount of Rs.5,17,763.89/- (Rupees Five lakhs seventeen thousand seven hundred and sixty three and eighty nine paise only) with interest at the rate of 13% per annum from the date of suit till the date of decree from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Party Role
- Defendant
- Party Name
- M/s.G.V.Construction
- Party Age
- 73
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Radhakrishnan Nair .C
- Party Age
- 73
- Relation
- Proprietor
Plaintiffs Documents
Loan application form, loan sanction letter, legal notice, and other relevant financial documents.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sheeba Jaffer Sait
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the outstanding loan amount with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs.5,17,763.89/- (Rupees Five lakhs seventeen thousand seven hundred and sixty three and eighty nine paise only) with interest at the rate of 13% per annum from the date of suit till the date of decree from the defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Recovery of costs from defendants.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Submitted as evidence to support the claim of loan given to the defendants.
Reference:
Ext.A1
Document Type:
Letter of approval
Submitted By:
Plaintiff
Relevance:
Provides evidence of loan approval for the principal amount.
Reference:
Ext.A2
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Confirms the amount sanctioned for the loan.
Reference:
Ext.A3
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Details the security provided against the loans.
Reference:
Ext.A4
Document Type:
Declaration Cum Undertaking Cum Authority
Submitted By:
Plaintiff
Relevance:
Establishes the terms agreed upon by the defendants.
Reference:
Ext.A5
Document Type:
Letter of Sole-Proprietorship
Submitted By:
Plaintiff
Relevance:
Confirms the defendant's business ownership.
Reference:
Ext.A6
Document Type:
D.P Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan amount accepted.
Reference:
Ext.A7
Document Type:
Letter of Continuing Security
Submitted By:
Plaintiff
Relevance:
Details the ongoing security measures for the loan.
Reference:
Ext.A8
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Specifies the terms of repayment.
Reference:
Ext.A9
Document Type:
Undertaking Letter from Borrowers
Submitted By:
Plaintiff
Relevance:
Affirms the borrower's agreement to the loan conditions.
Reference:
Ext.A10
Document Type:
Letter of installment with acceleration clause
Submitted By:
Plaintiff
Relevance:
Another instance of repayment arrangement evidence.
Reference:
Ext.A11
Document Type:
Loan cum hypothecation agreement
Submitted By:
Plaintiff
Relevance:
Further details the agreement terms.
Reference:
Ext.A12
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Document evidencing demand for repayment noticed to defendants.
Reference:
Ext.A13
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending legal notice to the defendants.
Reference:
Ext.A14
Document Type:
Certified copy of statement of accounts
Submitted By:
Plaintiff
Relevance:
Shows the outstanding loan amount and calculations.
Reference:
Ext.A15
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 Bank of Baroda vs M/s.G.V.Construction regarding recovery of money.
Case Code Year
Case between Bank of Baroda vs M/s.G.V.Construction regarding recovery of money.