Bangalore District Court
Bank Of Baroda vs Vijaya Kumar S on 19 July, 2025
KABC010343972023
IN THE COURT OF THE XLIII ADDL. CITY CIVIL AND
SESSIONS JUDGE (CCH.No.44), AT BENGALURU
PRESENT : SRI.BHAT MANJUNATH NARAYAN,
B.Com, LL.B.(Spl.)
XLIII ADDL.CITY CIVIL & SESSIONS JUDGE,
BENGALURU .
DATED: THIS THE 19 TH DAY OF JULY, 2025
O.S.No.8460/2023
Plaintiff:- Bank of Baroda
Vasanth Nagar Branch,
No.36, Cunningham Road,
Bengaluru-560 052
Represented by its Chief
Manager,
Nethrananda
(By Sri. Mahesha K., -
Advocate)
-vs-
Defendant:- Vijaya Kumar S.,
S/o Sri. Sampath Kumar S.,
Aged about 40 years
R/at No.668, 9 th Cross,
2 O.S.No.8460 of 2023
Bhuvaneshwari Nagar,
13 th Ward, Doddaballapur,
Bengaluru Rural District.
Also at
S.H. Enterprises
Mahila Samaja Building
Opp. BMTC bus Stop,
Doddaballapura
Bengaluru Rural District.
(Defendant- Exparte)
Date of Institution of the : 21.12.2023
suit
Nature of the Suit : Money suit
Date of commencement of : 13.06.2025
recording of the evidence
Date on which the : 19.07.2025
Judgment was pronounced
Total Duration : Years Months Days
01 06 29
(BHAT MANJUNATH NARAYAN)
XLIII Addl. City Civil & Sessions Judge,
Bengaluru
3 O.S.No.8460 of 2023
J U D G M E N T
That, the plaintiff bank has filed this suit for
recovery of an amount of ₹.5,31,607. 73 [Five lakh
Thirty one thousand six hundred seven & seventy three
paise only] from the defendant with interest at the rate
of 11.3 % p.a. from the date of suit till its realization.
2. The Brief facts of the case as narrated in
the plaint are as under:
a) The plaintiff bank submits that, on 16.10.2018
defendant has availed vehicle loan of ₹.4,42,000/- for
the purpose of purchasing Renault Kwid. It is submitted
by the plaintiff bank that on 16.10.2018, defendant has
executed on demand pro-note, Attestation memo, letter
of installment with acceleration clause, letter of
authority, Declaration cum undertaking & instrument of
Hypothecation of vehicle, for having obtained loan of
₹.4,42,000/-. Plaintiff bank has maintained loan account
at No.59080600000071. By obtaining loan from the
4 O.S.No.8460 of 2023plaintiff bank defendant has purchased Renault Kwid
RXT 1.0 SCE BS IV (petrol) vehicle.
b) It is submitted by the plaintiff bank that as per
the terms and conditions mentioned in the loan
agreement, loan was repayable in 84 installments.
The plaintiff bank further submitted that defendant has
agreed to repay loan with interest at the rate of 9.3%
per annum.
c. The plaintiff bank pleads that defendant has not
repaid the loan installments as agreed & as assured by
him. It is further pleaded that on 31.12.2020 the
defendant has executed acknowledgment of debt. It is
specific case of the plaintiff bank that an amount of
₹.5,31,607.73 is due on 20.11.2023 from the defendant.
The plaintiff bank submit that on 01.12.2023, the
plaintiff bank got issued a legal notice calling upon the
5 O.S.No.8460 of 2023
defendant to repay entire amount. It is specific case of
the plaintiff bank that in-spite of service of notice, the
defendant has not paid balance loan amount and as
such plaintiff bank has filed this suit for recovery an
amount of ₹.5,31,607.73 against the defendant.
3. Suit summons to defendant had been
published in the newspaper, but he has not appeared &
hence he is placed ex-parte.
4. On the basis of the pleadings, documents
produced at the initial stage, following points arose for
my consideration:
1. Whether plaintiff bank proves that
defendant has availed vehicle loan of
₹.4,42,000/- on 16.10.2018 by
executing necessary loan documents?
2. Whether plaintiff bank proves that
defendant has agreed to repay
person loan in 84 monthly installment
along with interest at the rate of 9.3%
p.a. ?
6 O.S.No.8460 of 2023
3. Whether suit is barred by limitation?
4. Whether plaintiff bank is entitled for
the reliefs claimed in the suit?
5. What order or decree?
5. In order to prove the burden cast upon the
plaintiff bank to prove loan transaction, the Manager of
plaintiff bank got himself examined as PW1 and got
marked 14 documents as per Ex.P1 to Ex.P14.
6) I have heard counsel appearing for plaintiff
bank. Perused available materials on record and my
answers to the above points are as under:
Point No.1 &2: In affirmative.
Point No.3 : Suit is within the period
of limitation.
Point No.4 : Plaintiff bank is entitled
for the relief claimed.
Point No.5 : As per final order for the
following :
7 O.S.No.8460 of 2023
REASONS
7. Point No.1 & 2 : These points are with
respect to execution of loan documents, schedule of
repayment & agreed rate of interest, and hence in
order to avoid repetition, these points are considered
together.
8. That, this suit is filed by plaintiff bank for
recovery of an amount of ₹.5,31,607.73 towards vehicle
loan. It is specific case of the plaintiff bank that
defendant has availed vehicle loan of ₹.4,42,000/- by
executing necessary loan agreement. It is also
contended by the plaintiff bank that defendant has
agreed to repay the loan with interest installments.
The plaintiff Bank claims that, Defendant has
committed default and as such having no alternative the
present suit has been filed for recovery of money.
8 O.S.No.8460 of 2023
9. To succeed in this suit the plaintiff bank has
to establish due execution of loan documents by
defendants. I have perused the oral and documentary
evidence adduced on behalf of the plaintiff bank. The
Manager of plaintiff bank who is examined as PW-1 has
produced all relevant loan documents. PW1 has
reiterated the contents of the plaint in his examination
in chief affi davit. PW1 has not been cross-examined as
defendant did not contest the claim and whatever
stated by PW1 remained unchallenged. The defendant
has not appeared, filed written statement denying
the allegation made in the plaint.
10. I have perused documents in detail. PW1
deposed that defendant has executed Ex-P8
Instrument of Hypothecation agreement for having
borrowed vehicle loan in favour of plaintiff bank. PW1
has categorically deposed regarding execution of
9 O.S.No.8460 of 2023
Ex.P8/ Instrument of Hypothecation of Vehicle
agreement and Ex-P3 on demand pro-note dated
16.10.2018. I have perused Ex.P8/Hypothecation
agreement. In Ex.P8 agreement defendant has signed
on each page. It is clear from the contents of Ex.P8 that
defendant borrowed vehicle loan of ₹.4,42,000/- from
plaintiff bank. I have also perused on demand pro-note
which also makes it clear that defendant has borrowed
loan of ₹.4,42,000/- from the plaintiff bank. PW-1
statement on oath regarding execution of Ex-P8
Hypothecation agreement & Ex-P3 on demand pro-note
has not been denied and there is nothing to disbelieve
the evidence of PW-1. Evidence of PW-1 inspires
confidence of this court and as such plaintiff bank is
able to prove due execution of Ex-P8 Hypothecation
loan agreement & other loan document executed along
with Ex-P3 pro-note.
10 O.S.No.8460 of 2023
11. I have perused the terms and condition
mentioned in Ex.P8 Hypothecation agreement & Ex-P4
Loan Sanction letter. As per Ex.P8 the defendant has
agreed to pay interest at the rate of 9.3% p.a. As per
repayment clause in Ex-P8 agreement, the defendant
has agreed to repay the loan amount in 84 monthly
installments of ₹.7,179/-.
12. It is clear from Ex.P8 Hypothecation
agreement that defendant has agreed to abide by the
rules and regulations regarding variation in the rate of
interest from time to time as per RBI rules. The
interest prior to filing of the suit is governed by the
agreement executed by the parties and as such
plaintiff bank is entitled for the interest mentioned in
agreement till filing of the suit. With these
observations, I am of the considered view that plaintiff
bank has proved that defendant have availed vehicle
11 O.S.No.8460 of 2023
loan of ₹.4,42,000/- from the plaintiff bank & agreed to
repay the loan in installments with interest
Accordingly, I answer point No.1 & 2 in affi rmative and
in favour of plaintiff bank.
13. Point No.3 : This point is with respect to
limitation. While answering point No.1, I have concluded
that Ex.P 8 Hypothecation agreement and other loan
documents are executed by defendant. As per the
terms and conditions of Sanction letter &
Hypothecation loan agreement, the repayment is by
way of 84 monthly installments. As Article 36 and 37
of Limitation Act, the period of limitation with respect to
loan availed on promissory note or on a bond payable
by installment, is 3 years and limitation started When
the default is made, unless where the payee or obligee
waives the benefit of the provision and then when fresh
default is made in respect of which there is no such
waiver. Last installment due is on November 2025. The
12 O.S.No.8460 of 2023
present suit is filed by the plaintiff bank on 21.12.2023.
On 31.12.2020 the defendant has executed
acknowledgment of debt at Ex-P9. PW-1 has also
deposed regarding execution of acknowledgment of
debt. As per Section 18 of Limitation Act Where, before
the expiration of the prescribed period for a suit, an
acknowledgment of liability has been made in writing
signed by the party against whom such right is claimed,
a fresh period of limitation shall be computed from the
time when the acknowledgment was so signed. Ex-P9 is
executed within period of limitation and hence fresh
period of limitation starts from 31.12.2020 and hence
suit filed on 21.12.2023 is within the period of
limitation. Accordingly, I answer this point holding that
suit is within the period of limitation.
14. Point No.4: This point is framed with
respect to entitlement of relief claimed. While answering
13 O.S.No.8460 of 2023
point No.1 & 2, I have concluded that defendant has
availed vehicle loan and agreed to repay loan in
installments I have also concluded that plaintiff bank is
entitled for interest as per the loan document till date of
filing of suit. Ex.P13 Account extract is maintained by
bank in the ordinary course of its banking business
which shows that as on 20.11.2023 an amount of
₹.5,31,607.73 is due to the plaintiff bank in relation to
vehicle loan. I have perused Ex-P14 Account extract as
on 08.06.225 which shows that an amount
₹.1,97,673.28 is due from the defendant. An amount of
₹.2,62,000/- is realized on 21.12.2023 from sale of
hypothecated car and ₹.18,000/- is realized on
22.12.2023 in respect of unapplied NPA interest. The
amount recovered after filing of the suit is also required
to be taken note off. Therefore, in my considered
opinion, the plaintiff bank has shown that as on
08.06.2025 an amount of ₹.1,97,673.28 is due from the
14 O.S.No.8460 of 2023
defendant and as such bank is entitled for decree for
recovery of said amount.
15. As far as interest from the date of suit is
concerned, the loan advanced is vehicle loan and under
section 34 of CPC, this court is having power to grant
interest pendente lite and future. Considering the
nature of loan i.e., vehicle loan, in my considered
opinion, interest of 6% p.a. can be awarded in favour of
the plaintiff bank from the date of suit till realization.
Therefore, in my considered view, the plaintiff bank is
entitled for recovery of an amount of ₹.1,97,673.28
with interest at the rate of 6% p.a. from the date of suit
till realization. Accordingly, I answer this point holding
that the plaintiff bank is entitled for the relief claimed.
16. Point No.5 : In view of discussion made and
conclusion arrived at Point No.1 to 5, suit of the
15 O.S.No.8460 of 2023
plaintiff bank is liable to be decreed with cost. Hence, I
proceed to pass following:-
ORDER
The suit of the plaintiff is decreed
with cost.
It is ordered and decreed that
defendant liable to pay an amount of
₹.1,97,673.28 [one lakh ninety seven
thousand six hundred seventy three and
twenty eight paise only] to the plaintiff
bank towards vehicle loan with interest
at the rate of 6% p.a. from the date of
suit till realization.
Draw decree accordingly.
(Dictated to the Stenographer directly in computer, typed by
her, corrected by me and then signed and pronounced in the
Open Court on this the 19 th day of July, 2025)(BHAT MANJUNATH NARAYAN)
XLIII Addl. City Civil & Sessions Judge,
Bengaluru
16 O.S.No.8460 of 2023ANNEXURE
I. List of witnesses examined on behalf of plaintiff:-
P.W.1 Sri. Sudheendra
II. List of witnesses examined on behalf of defendants:-
-NIL-
III. List of documents exhibited on behalf of plaintiff:-
Ex.P.1 Application form
Ex.P.2 Particulars to be supplied by the
applicant for advance
Ex.P.3 On Demand pro-note
Ex.P.4 Letter of sanction to the Borrower
dated 16.10.2018
Ex.P.5 Letter of installment with
Acceleration clause dated
16.10.2018
Ex.P.6 Letter of authority to make
payment directly to the dealer/s
dated 16.10.2018
Ex.P.7 Declaration-cum-undertaking-
cum-authority
17 O.S.No.8460 of 2023
Ex.P.8 Hypothecation agreement dated
16.10.2018
Ex.P.9 Letter of acknowledgment of debt
dated 31.12.2020
Ex.P.10 REGD. Post ACK due dated
01.12.2023
Ex.P.11 Postal receipt
Ex.P.12 Postal acknowledgment
Ex.P.13 & Account extracts
14
IV. List of documents exhibited on behalf of defendants:
-NIL-
(BHAT MANJUNATH NARAYAN)
XLIII Addl. City Civil & Sessions Judge,
Bengaluru
18 O.S.No.8460 of 2023