IN THE COURT OF THE SUBORDINATE JUDGE AT KANCHIPURAM.

O.S.No. /2023

Bank of Baroda Erstwhile Dena Bank,

Kanchipuram Branch,
Represented by its senior Branch Manager. … Plaintiff

Vs
1). A.Govindaraji
2). E.Arjunan
3). S.Sekar … Defendants

PLAINT FILED UNDER ORDER 7 RULE 1 AND SECTION 26 OF CPC

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1) Plaintiff: Bank of Baroda Erstwhile Dena Bank, represented by its Senior Branch
Manager, having its office at No.74, Vilakadi Koil Street, Kanchipuram Town,
Kanchipuram Taluk & District, within the jurisdiction of District Munsif Court at
Kanchipuram is the Plaintiff herein.
The address for service for the plaintiff is as stated above and that of its counsel
Mrs. S.Vijaya, B.com. B.L., Advocate, Kanchipuram.
2. Defendants : 1). A.Govindaraji, aged about 38 years, s/o E.Arjunan
2). E.Arjunan, aged about 67 years, s/o Elumalai, Both residing at
No.90, School Street, Mettupalayam Village, Melkathirpur Post, Kanchipuram Taluk
& District.
3).S.Sekar, aged about 35 years, s/o Sundaramoorthy residing at No.36/28 A,
O.P.Kulam, Kanchipuram-631502, within the jurisdiction of District Munsif Court at
Kanchipuram is the Defendants herein.

3).The Plaintiff Bank submits that the Plaintiff Bank of Baroda Erstwhile Dena Bank
(Under a Scheme called “Amalgamation of Dena Bank and Vijaya Bank into Bank of
Baroda Scheme 2019” by the Central Government Gazatte Notification dated
02.01.2019) is a body Corporate (Nationalized Bank) constituted under the Banking
Companies (Acquisition and Transfer of undertakings) Act 1970, having Head
Office at Mandvi, Baroda and Corporate office at Mumbai, having one of its
branches at No.74, Vilakadi Koil Street, Kanchipuram Town, Kanchipuram Taluk &
District. The Senior Branch Manager of the Plaintiff Bank in overall management of
the branch is authorized to institute proceedings for and on behalf of the plaintiff
bank, sign vakalaths, plaints, pleadings and all documents connected with legal
proceedings.
 -2-

4).The plaintiff submits that the 1st & 2nd defendant approached plaintiff Bank and
applied Educational Loan for the financial assistance of 1 st Defendant to study PH.D
Physics, Decree at Presidency College(Autonomous), Chennai-600005, Accordingly
plaintiff Bank had sanctioned the Education Loan on 20.02.2012 for a sum of
Rs.2,90,740/- under Dena Vidya Laxmi Educational Loan Scheme to 1 st defendant
studies and the 1st & 2nd defendants have borrowed a sum of Rs.2,90,740/- (Rupees
Two Lakhs Ninety Thousand only) from the Plaintiff Bank by way of Educational
loan on 12.03.2012 in Loan Account No -060351023989 (New No.69610600003056)
and on 20.02.2012 the 1st defendant executed a Demand Promissory Note and 1 st and
2nd defendants executed a Educational Loan Agreement and other relevant
Documents for the Educational Loan of the 1 st defendant in favour of the Plaintiff’s
Bank and agreeing to repay the same with interest at the rate of 13 % p.a. with
monthly rests. The said loan is repayable in 60 Equated Monthly installments
commencing from 1 year after completion of the course or 6 months after getting
employment whichever is earlier.

5). The plaintiff submits that the 3rd defendant is the guarantor of the above said
Educational Loan borrowed by the 1st & 2nd defendants and executed a Letter of
Guarantee on 20.02.2012 in favour of plaintiff Bank. Hence the 3 rd defendant being a
guarantor of the above said Loan also severally liable to pay the Loan amount with
future interest to the plaintiff Bank.

6).The plaintiff submits that all the defendants have jointly executed the Letter of
Acknowledgement of Debt on 18.02.2015 and on 22.01.2018 and 24.10.2020, the 2 nd
defendant executed a Letter of Acknowledgement of Debt confirming and
acknowledging their above said liability on behalf of the 1 st defendant. Hence the suit
claim is in time in respect of those acknowledgements made by the defendants in
favour of Plaintiff Bank.

7).The defendants are not entitled to the benefits of Debt Relief laws. As it is a debt
due to a Nationalized Bank, the plaintiff claims interest at the contract rate.

8) The Plaintiff submits that the conduct of the loan account was not satisfactory and
installments were not paid. The account became irregular. Inspite of several demands,
remainders, the defendants failed and neglected to pay the loan Amount with interest.
Hence the plaintiff Bank is obliged to file this suit for the recovery of Rs.6,64,534/-
and costs and future interest at the rate of 13 % p.a. with monthly rests as per the
computerized account copy is filed herewith which is being maintained by the
plaintiff bank in day today regular course of business as per the Banker’s Book
Evidence Act.
 -3-
9).The cause of action for the suit arose on 09.01.2012 the date of application form
submitted by the defendants to plaintiff Bank, on 20.02.2012 the date of Sanction of
educational loan to 1st defendant by plaintiff Bank, Demand Promissory note
executed by 1st defendant and Educational Loan Agreement executed by the 1 st and
2nd defendants to plaintiff Bank, Letter of Guarantee executed by the 3 rd defendant, on
18.02.2015 Letter of Acknowledgement by Borrower/ Guarantor executed by the
defendants to plaintiff Bank, on 22.01.2018 and on 24.10.2020, the date of Letter of
Acknowledgement of Debt executed by 2nd defendant, where the loan granted and
repayable at Kanchipuram Town, Firka, Taluk & District, within the jurisdiction of
this Honourable Court.

10) The plaintiff’s values the relief sought for at Rs.6, 64,534/- and pays a Court Fee
of Rs.19,937/-Under Section 22 of the TNCF Act. Jurisdiction value is
Rs.6,64,534/-

11) The plaintiff’s therefore, prays for a Decree against the defendants in favour of
the plaintiff:-
(i) for the recovery of Rs.6,64,534/- towards Educational Loan with future interest at
the rate of 13 % p.a. with monthly rests from the date of suit till the date of
realization;
(ii) for costs of the suit; and (iii) to pass such or other orders as the Court may thinks
fit and proper in the circumstances of the case.

Memo of calculation
st nd
Amount due by the 1 & 2 defendants towards Educational
Loan as per computerized account copy as on 19.10.2023 is Rs.6,64,534/-

Court Fee is paid under Section 22 of the Court Fees Act

On Rs.6,64,534/- is Rs. 19,937/-

List of documents filed under order 7 rule 14 (1) of C.P.C.

S.No. Date Description of Documents Nature

1. 09.01.2012 Application Form submitted by the defendants Original.
to plaintiff Bank.
2. 20.02.2012 Demand Promissory Note executed by the 1 st Original.
infavour of plaintiff Bank.
3. 20.02.2012 Educational Loan Agreement executed by the 1st Original.
and 2nd defendant infavour of plaintiff Bank.
4. 20.02.2012 Letter of General Lien and Set off from Original.
Guarantor’s executed by the 3rd defendant
infavour of plaintiff Bank.
 5. 20.02.2012 Letter of Guarantee executed by the 3 rd Original.
defendant infavour of plaintiff Bank.
6. 20.02.2012 Letter of Consent from Borrowers executed by Original.
the 1st and 2nd defendant infavour of plaintiff
bank.
7. 19.08.2013 Requisition Letter by 1st Defendant to Plaintiff Original.
Bank.
8. 13.06.2014 Requisition Letter by 1st Defendant to Plaintiff Original.
Bank.
9. 01.07.2016 Requisition Letter by 1st Defendant to Plaintiff Original.
Bank.
10. 18.02.02015 Letter of Acknowledgement of Debt by Original.
Borrower and or Guarantor executed by the
defendants infavour of plaintiff Bank.
11. 22.01.2018 Letter of Acknowledgement of Debt executed Original
by 2nd Defendant.
12. 24.10.2020 Letter of Acknowledgement of Debt executed Original
by 2nd Defendant.
13. 19.10.2023 Computerized copy of Account Statement of 1st Original.
defendant.

Advocate for Plaintiff. Plaintiff.

I, the Plaintiff herein do hereby declare that the facts stated above are true to the best
of my knowledge, belief and information upon that verification I sign this plaint at
Kanchipuram on 20.10.2023

Plaintiff.
IN THE COURT OF THE SUBORDINATE JUDGE AT KANCHIPURAM.

O.S.No. /2023

Bank of Baroda Erstwhile Dena Bank,

Kanchipuram Branch,
Represented by its Senior Branch Manager. ----Plaintiff

Vs
1). A.Govindaraji
2). E.Arjunan
3). S.Sekar … Defendants

VERIFIED STATEMENT FILED UNDER ORDER 6 RULE 14 (A) OF CPC

---------------------------------------------------------------------------------------------------

Plaintiff : Bank of Baroda Erstwhile Dena Bank, represented by its Senior Branch
Manager, having its office at No.74, Vilakadi Koil Street, Kanchipuram Town,
Kanchipuram Taluk & District, within the jurisdiction of District Munsif Court at
Kanchipuram is the Plaintiff herein.

The address for service for the plaintiff is as stated above and that of its counsel
Mrs. S.Vijaya, B.Com. B.L., Advocate, Kanchipuram

Advocate for Plaintiff. Plaintiff.

I, the Plaintiff herein do hereby declare that the facts stated above are true to
the best of my knowledge, belief and information upon that verification I sign this
verified statement at Kanchipuram on 20.10.2023

Plaintiff.

IN THE COURT OF THE SUBORDINATE JUDGE AT KANCHIPURAM.

 O.S.No. /2023

Bank of Baroda Erstwhile Dena Bank,

Kanchipuram Branch,
Represented by its Senior Branch Manager. ----Plaintiff

Vs
1). A.Govindaraji
2). E.Arjunan
3). S.Sekar --- Defendants

VERIFIED AFFIDAVIT FILED UNDER ORDER 6 RULE 15 (4) OF CPC

-------------------------------------------------------------------------------------------------

I, Sudhir Kumar Barnwal, aged about 47 years, s/o Laxman Lal Barnwal, working as
Senior Branch Manager, Bank of Baroda Erstwhile Dena Bank, having its office at
No.74, Vilakadi Koil Street, Kanchipuram Town, Kanchipuram Taluk & District, do
hereby solemnly affirm and sincerely state as follows:-
1. I am the Branch Manager of the plaintiff Bank and I know the facts of the case
very well.
2. I submit that I have filed the above suit against the defendant for the recovery of
Rs.6,64,534/- and costs and future interest due at 13% p.a. with monthly rests. I
submit that after verifying the plaint and the contents of the plaint are true to the best
of my knowledge, I signed the plaint.
3. I state that the above facts on oath.

Plaintiff.

Solemnly sworn and signed before me at

Kanchipuram on 20.10.2023

IN THE COURT OF THE SUBORDINATE JUDGE AT KANCHIPURAM.

 O.S.No. /2023
Bank of Baroda Erstwhile Dena Bank,
Kanchipuram Branch,
Represented by its Senior Branch Manager. … Plaintiff

Vs
1). A.Govindaraji
2). E.Arjunan
3). S.Sekar --- Defendants

PROOF AFFIDAVIT FILED BY THE PLAINTIFF

I, Sudhir Kumar Barnwal, aged about 47 years, s/o Laxman Lal Barnwal, working as
Senior Branch Manager, Bank of Baroda Erstwhile Dena Bank, having its office at
No.74, Vilakadi Koil Street, Kanchipuram Town, Kanchipuram Taluk & District, do
hereby solemnly affirm and sincerely state as follows:-
1). I am the Branch Manager of the plaintiff Bank and I know the facts of the case
very well.
2). I submit that I have filed the above suit against the defendants for the recovery of
Rs.6,64,534/- and costs and future interest due at 13 % p.a. with monthly rests. I pray
that the plaint averments may be read as part and parcel of this affidavit.

3). I submit that the Plaintiff Bank of Baroda Erstwhile Dena Bank (Under a Scheme
called “Amalgamation of Dena Bank and Vijaya Bank into Bank of Baroda Scheme
2019” by the Central Government Gazatte Notification dated 02.01.2019) is a body
Corporate (Nationalized Bank) constituted under the Banking Companies
(Acquisition and Transfer of undertakings) Act 1970, having Head Office at
Mandvi, Baroda and Corporate office at Mumbai, having one of its branches at
No.74, Vilakadi Koil Street, Kanchipuram Town, Kanchipuram Taluk & District.The
Branch Manager of the Plaintiff Bank in overall management of the branch is
authorized to institute proceedings for and on behalf of the plaintiff bank, sign
vakalaths, plaints, pleadings and all documents connected with legal proceedings.

4).The plaintiff submits that the 1st & 2nd defendant approached plaintiff Bank and
applied Educational Loan for the financial assistance of 1 st Defendant to study PH.D
Physics, Decree at Presidency College(Autonomus), Chennai-600005, Accordingly
plaintiff Bank had sanctioned the Education Loan on 20.02.2012 for a sum of
Rs.2,90,740/- under Dena Vidya Laxmi Educational Loan Scheme to 1st defendant

-2-
studies and the 1st & 2nd defendants have borrowed a sum of Rs.2,90,740/- (Rupees
Two Lakhs Ninety Thousand only) from the Plaintiff Bank by way of Educational
loan on 12.03.2012 in Loan Account No -060351023989 (New No.69610600003056)
and on 20.02.2012 the 1st defendant executed a Demand Promissory Note and 1 st and
2nd defendants executed a Educational Loan Agreement and other relevant
Documents for the Educational Loan of the 1 st defendant in favour of the Plaintiff’s
Bank and agreeing to repay the same with interest at the rate of 13 % p.a. with
monthly rests. The said loan is repayable in 60 Equated Monthly installments
commencing from 1 year after completion of the course or 6 months after getting
employment whichever is earlier.

5). The plaintiff submits that the 3rd defendant is the guarantor of the above said
Educational Loan borrowed by the 1st & 2nd defendants and executed a Letter of
Guarantee on 20.02.2012 in favour of plaintiff Bank. Hence the 3 rd defendant being a
guarantor of the above said Loan also severally liable to pay the Loan amount with
future interest to the plaintiff Bank.

6).The plaintiff submits that all the defendants have jointly executed the Letter of
Acknowledgement of Debt on 18.02.2015 and on 22.01.2018 and 24.10.2020 , the 2 nd
defendant executed a Letter of Acknowledgement of Debt confirming and
acknowledging their above said liability on behalf of the 1 st defendant. Hence the suit
claim is in time in respect of those acknowledgements made by the defendants in
favour of Plaintiff Bank.

7).The defendants are not entitled to the benefits of Debt Relief laws. As it is a debt
due to a Nationalized Bank, the plaintiff claims interest at the contract rate.

8) The Plaintiff submits that the conduct of the loan account was not satisfactory and
installments were not paid. The account became irregular. Inspite of several demands,
remainders, the defendants failed and neglected to pay the loan Amount with interest.
Hence the plaintiff Bank is obliged to file this suit for the recovery of Rs.6,64,534/-
and costs and future interest at the rate of 13 % p.a. with monthly rests as per the
computerized account copy is filed herewith which is being maintained by the
plaintiff bank in day today regular course of business as per the Banker’s Book
Evidence Act.
9). Hence, I affirm and pray that this Honourable Court may be pleased to admit the
plaint and documents filed along with the plaint and pass a decree against the
defendant as prayed for in the plaint and render justice.
Solemnly sworn and signed before me at
Kanchipuram on 20.10.2023 Plaintiff.

Advocate, Kanchipuram.
IN THE COURT OF THE
 SUBORDINATE JUDGE
AT KANCHIPURAM

O.S.NO. /2023

Bank of Baroda Erstwhile Dena

Bank, Kanchipuram Branch,
Represented by its Senior Branch
Manager.
----Plaintiff
Vs
1). A.Govindaraji
2). E.Arjunan
3). S.Sekar --- Defendants

Plaint filed under order-7, rule-1

and Sec-26 of the CPC

ENCL:
PLAINT : 2
VAKALAT : 1
VERIFIED AFFIDAVIT : 1
VERIFIED STATEMENT : 1
PROOF AFFIDAVIT : 1
DOCUMENTS : 13
BATTA MEMO : 1

ADDRESS FOSERVICE
S.VIJAYA, B.COM. B.L.,
ADVOCATE FOR PLAINTIFF
KANCHIPURAM.
IN THE COURT OF THE
SUBORDINATE JUDGE
 AT KANCHIPURAM

O.S.NO. /2023

Bank of Baroda Erstwhile Dena

Bank, Kanchipuram Branch,
Represented by its Senior Branch
Manager. ----Plaintiff
Vs
1). A.Govindaraji
2). E.Arjunan
3). S.Sekar ---- Defendants

PROOF AFFIDAVIT FILED BY

THE PLAINTIFF

ADDRESS FOR SERVICE

S.VIJAYA, B.COM.,B.L.,
ADVOCATE,
KANCHIPURAM.

IN THE COURT OF THE

SUBORDINATE JUDGE
 AT KANCHIPURAM

O.S.NO. /2023

Bank of Baroda Erstwhile Dena

Bank, Kanchipuram Branch,
Represented by its Senior Branch
Manager. ----Plaintiff
Vs
1). A.Govindaraji
2). E.Arjunan
3). S.Sekar --- Defendants

Verified Affidavit filed by the

plaintiff under Or.6,R.15(4)
CPC

ADDRESS FOR SERVICE

S.VIJAYA, B.COM.,B.L.,
ADVOCATE,
KANCHIPURAM.
IN THE COURT OF THE
SUBORDINATE JUDGE
AT KANCHIPURAM
 O.S.NO. /2023

Bank of Baroda Erstwhile Dena

Bank, Kanchipuram Branch,
Represented by its Senior Branch
Manager. ----Plaintiff
Vs

1). A.Govindaraji
2). E.Arjunan
3). S.Sekar --- Defendants

Verified Statement filed Under

Order-6, Rule-14(a)
C.P.Code.

ADDRESS FOR SERVICE

S.VIJAYA, B.COM. B.L.,
ADVOCATE,
KANCHIPURAM.
IN THE COURT OF THE
SUBORDINATE JUDGE
AT KANCHIPURAM
 O.S.NO. /2023

Bank of Baroda Erstwhile Dena

Bank, Kanchipuram Branch,
Represented by its Senior Branch
Manager. ----Plaintiff
Vs
1). A.Govindaraji
2). E.Arjunan
3). S.Sekar --- Defendants

Plaint filed under order-7, rule-1

and Sec-26 of the CPC

ADDRESS FOR SERVICE

S.VIJAYA, B.COM.,B.L.,
ADVOCATE FOR PLAINTIFF
KANCHIPURAM
IN THE COURT OF THE
SUBORDINATE JUDGE
AT KANCHIPURAM

O.S.NO. /2023
Bank of Baroda Erstwhile Dena
Bank, Kanchipuram Branch,
Represented by its Senior Branch
Manager. ----Plaintiff
Vs
1). A.Govindaraji
2). E.Arjunan
3). S.Sekar --- Defendants

Duplicate Plaint Documents

ADDRESS FOR SERVICE

S.VIJAYA,B.COM,B.L.,
ADVOCATE,
KANCHIPURAM.
IN THE COURT OF THE
SUBORDINATE JUDGE
AT KANCHIPURAM

O.S.NO. /2023
 Bank of Baroda Erstwhile Dena
Bank, Kanchipuram Branch,
Represented by its Senior Branch
Manager. ----Plaintiff

Vs
1). A.Govindaraji
2). E.Arjunan
3). S.Sekar --- Defendants

Plaintiff side Document No- 13

Computerized copy of Account
Statement of 1st defendant
. Dt: 19.10.2023

ADDRESS FOR SERVICE

S.VIJAYA,B.COM.B.L.,
ADVOCATE FOR PLAINTIFF
KANCHIPURAM

S.No. Date Description of Documents Nature

1. 09.01.2012 Application Form submitted by the defendants Original.
to plaintiff Bank.
2. 20.02.2012 Demand Promissory Note executed by the 1 st Original.
infavour of plaintiff Bank.
3. 20.02.2012 Educational Loan Agreement executed by the 1st Original.
and 2nd defendant infavour of plaintiff Bank.
4. 20.02.2012 Letter of General Lien and Set off from Original.
Guarantor’s executed by the 3rd defendant
infavour of plaintiff Bank.
5. 20.02.2012 Letter of Guarantee executed by the 3 rd Original.
defendant infavour of plaintiff Bank.
6. 20.02.2012 Letter of Consent from Borrowers executed by Original.
the 1st and 2nd defendant in favour of plaintiff
bank.
7. 19.08.2013 Requisition Letter by 1st Defendant to Plaintiff Original.
Bank.
8. 13.06.2014 Requisition Letter by 1st Defendant to Plaintiff Original.
Bank.
9. 01.07.2016 Requisition Letter by 1st Defendant to Plaintiff Original.
Bank.
10. 18.02.02015 Letter of Acknowledgement of Debt by Original.
Borrower and or Guarantor executed by the
defendants infavour of plaintiff Bank.
11. 22.01.2018 Letter of Acknowledgement of Debt executed Original
by 2nd Defendant.
12. 24.10.2020 Letter of Acknowledgement of Debt executed Original
by 2nd Defendant.
13. 19.10.2023 Computerized copy of Account Statement of 1st Original.
defendant.