Case Summary
The Bank of Baroda has filed a suit against Sreenivasan. V and Reena for realization of a loan amount. The defendants have defaulted on the repayment of the loan taken for the business M/s Silpi Agencies.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs. 4,04,952/- to the plaintiff with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed directing the defendants to pay Rs. 4,04,952/- to the plaintiff with interest at the rate of 7% till decree and 6% till realization. They are also ordered to pay the costs of the suit.
Why Plaintiff Won:
The repayment default by the defendants is established through the affidavit of PW1 and supporting documents.
The repayment default by the defendants is established through the affidavit of PW1 and supporting documents.
Losing Side's Weaknesses:
The repayment default by the defendants is established through the affidavit of PW1 and supporting documents.
The repayment default by the defendants is established through the affidavit of PW1 and supporting documents.
Supporting Evidence
The plaint claim of borrowal of the amount, the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A26.
Judgment Evidence:
In the result, The suit is decreed as follows: 1. The defendants are directed to pay Rs. 4,04,952/- (Rupees Four Lakhs Four Thousand Nine Hundred And Fifty Two Only) to the plaintiff jointly and severally with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Bank of Baroda
- Relation
- Rep. by Chief Manager
- Party Role
- Defendant
- Party Name
- Sreenivasan. V
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Reena
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
Loan Application, Sanction letter, Loan Cum Hypothecation Deed, Letter of Guarantee, Acknowledgment of liability, Composite Hypothecation Agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Husna. C. P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. E. V. Viswambaran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay Rs. 4,04,952/- to the plaintiff.
Evidence:
The defendants are directed to pay Rs. 4,04,952/- (Rupees Four Lakhs Four Thousand Nine Hundred And Fifty Two Only) to the plaintiff jointly and severally with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants ordered to pay the costs of the suit to the plaintiff.
Evidence:
The defendant is also directed to pay jointly and severally the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by defendants to apply for a cash credit facility.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by plaintiff approving the cash credit facility.
Reference:
Ext.A2
Document Type:
Loan Cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
Executed by defendant as part of loan agreement.
Reference:
Ext.A3
Document Type:
Letter of access
Submitted By:
Plaintiff
Relevance:
Executed by defendants regarding loan agreement.
Reference:
Ext.A4
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 2 guaranteeing the loan.
Reference:
Ext.A5
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by plaintiff for renewal of cash credit facility.
Reference:
Ext.A6
Document Type:
Supplementary Agreement
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 1 as part of renewal.
Reference:
Ext.A7
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 2 for the renewal.
Reference:
Ext.A8
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by plaintiff for further cash credit.
Reference:
Ext.A9
Document Type:
Articles of agreement
Submitted By:
Plaintiff
Relevance:
Executed by defendant as part of cash credit agreement.
Reference:
Ext.A10
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 2 associated with cash credit.
Reference:
Ext.A11
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 1 acknowledging the debt.
Reference:
Ext.A12
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 2 acknowledging the debt.
Reference:
Ext.A12(a)
Document Type:
Letter of Sanction
Submitted By:
Plaintiff
Relevance:
Issued by plaintiff regarding further financial arrangements.
Reference:
Ext.A13
Document Type:
D.P. note
Submitted By:
Plaintiff
Relevance:
Issued by defendant No. 1 related to loan transactions.
Reference:
Ext.A14
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed by defendants related to additional loan.
Reference:
Ext.A15
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
Executed by Defendant No. 1 confirming outstanding liability.
Reference:
Ext.A16
Document Type:
Modification deed
Submitted By:
Plaintiff
Relevance:
Executed regarding restructuring of cash credit facility.
Reference:
Ext.A17
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows transaction history related to the loan.
Reference:
Ext.A18
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows current status of loan account.
Reference:
Ext.A19
Document Type:
Upgrade information of NPA Account
Submitted By:
Plaintiff
Relevance:
Details regarding the NPA status of the account.
Reference:
Ext.A20
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Further details of outstanding amounts.
Reference:
Ext.A21
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows recent transactions related to the account.
Reference:
Ext.A22
Document Type:
Upgrade information of NPA Account
Submitted By:
Plaintiff
Relevance:
Updated information on NPA status.
Reference:
Ext.A23
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Details regarding the loan repayment history.
Reference:
Ext.A24
Document Type:
Upgrade information of NPA Account
Submitted By:
Plaintiff
Relevance:
Continued updates regarding NPA status.
Reference:
Ext.A25
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued related to the outstanding debt.
Reference:
Ext.A26
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 Sreenivasan. V et al regarding realization of money
Case Code Year
Case between The Bank of Baroda vs Sreenivasan. V et al regarding realization of money