IN THE COURT OF THE SUBORDINATE JUDGE AT KANCHIPURAM.

O.S.No. /2024

Bank of Baroda Erstwhile Vijaya Bank,

Kanchipuram Branch, Represented by its
Chief Manager …Plaintiff
Vs

1). D.Ganesh
2). S.Devaraj …Defendants

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

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1) Plaintiff: Bank of Baroda Erstwhile Vijaya Bank, represented by its Chief Manager,
Kanchipuram Branch, 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).D.Ganesh, aged about 34 years, s/o S.Devaraj,
2).S.Devaraj , aged about 60 years, s/o Sadayappa Achari, both
residing at No.47/16,C.V.Rajagopal Street Kanchipuram-631501, 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 Vijaya 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
Chief 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 defendants approached plaintiff Bank and
applied Educational Loan for the financial assistance of 1 st Defendant to study B.Tech
(Chemical Engineering), Degree Course at “ARULMIGU MEENAKSHI AMMAN
COLLEGE OF ENGINEERING” Vadamavandal, (Near Kanchipuram), Namadi
Post,Thiruvannamalai District, Accordingly plaintiff Bank had sanctioned the
Education Loan on 31.08.2015 for a sum of Rs.1,20,000/- under Educational Loan to
1st defendant studies and the 1st
-2-
nd
& 2 defendants have borrowed a sum of Rs.1,20,000/- (Rupees One Lakhs Twenty
Thousand only) from the Plaintiff Bank by way of educational loan on 31.08.2015 in
Loan Account No.306307111000092 (New No.69610600001799). And on the same
day the 1st and 2nd defendants have jointly executed a suit Promissory Note, Article of
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
future interest at the rate of 12.25 % p.a. with monthly rests. The said loan is
repayable in 120 Equated Monthly installments of the balance outstanding as on 6
months after completion of the course or immediately on getting of job whichever is
earlier.

5). The plaintiff submits that the 1 st and 2nd defendants have jointly executed the
Letter of Confirmation of Balance in Loan Account on 18.07.2016 and
Acknowledgement of Liability on 04.06.2018 and 05.02.2021 confirming and
acknowledging their above said liability. Hence the suit claim is in time in respect of
those acknowledgements made by the defendants in favour of Plaintiff Bank.

6). The plaintiff submits that 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.

7) The Plaintiff submits that conduct of loan account of the defendants was not
satisfactory and installments were not paid. The account became irregular. Inspite of
several demands, remainders issued by the plaintiff Bank, the 1 st and 2nd defendants
were failed and neglected to repay the above said loan Amount with future interest
to the plaintiff Bank. Hence the plaintiff Bank is obliged to file this suit for the
recovery of Rs.2,07,083/- and costs and future interest at the rate of 12.25 % 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.

8).The cause of action for the suit arose on 31.08.2015 the date of sanction of
Educational Loan to 1st Defendant by Plaintiff Bank and Suit Demand Promissory
Note, Articles of Agreement executed by the 1 st & 2nd defendants to plaintiff Bank, on
18.07.2016, 04.06.2018 and 05.02.2021 the dates of Letter of Confirmation of
Balance in Loan Account and Acknowledgement of Liability executed by the 1 st & 2nd
defendants to plaintiff Bank, where the loan granted and repayable at Kanchipuram
Town, Firka, Taluk & District, within the jurisdiction of this Honourable Court.
 -3-
9). The plaintiff’s values the relief sought for at Rs.2,07,083/- and pays a Court Fee of
Rs.6,213/- Under Section 22 of the TNCF Act. Jurisdiction value is Rs.2,07,083/-
10). The plaintiff’s therefore, prays for a Decree against the defendant in favour of
the plaintiff: -
(i) for the recovery of Rs.2,07,083/- towards Educational Loan with future interest at
the rate of 12.25 % 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 27.11.2023 is Rs.2,07,083/-
Court Fee is paid under Section 22 of the Court Fees Act
On Rs.2,07,083/- is Rs.6,213/-
List of documents filed under order 7 rule 14 (1) of C.P.C.
S.No. Date Description of Documents Nature
1. - Application form submitted by 1 st & 2nd Defendants to Original.
Plaintiff Bank.
2. 31.08.2015 Sanction Letter issued by Plaintiff Bank to defendants Original.
3. 31.08.2015 Demand Promissory Note executed by 1 st & 2nd Original.
Defendants infavour of Plaintiff Bank
4. 31.08.2015 Articles of Agreement executed by 1 st & 2nd Defendants Original.
infavour of Plaintiff Bank.
5. 31.08.2015 Letter of Repayment executed by 1 st & 2nd Defendants Original.
infavour of Plaintiff Bank.
6. 18.07.2016 Letter of Confirmation of Balance in Loan Account Original.
executed by the 1st and 2nd defendants infavour of
plaintiff Bank.
7. 04.06.2018 Acknowledgement of Liability executed by the 1 st and 2nd Original.
defendants infavour of plaintiff Bank.
8. 25.02.2021 Acknowledgement of Liability executed by the 1 st and 2nd Original.
defendants infavour of plaintiff Bank.
9. 27.11.2023 Computerized copy of Account Statement of 1 st 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 30.11.2023
 Plaintiff.

IN THE COURT OF THE SUBORDINATE JUDGE AT KANCHIPURAM.

O.S.No. /2023

Bank of Baroda Erstwhile Vijaya Bank,

Kanchipuram Branch, Represented by its
Chief Manager …Plaintiff
Vs

1). U.Ramya
2). K.Umapathy …Defendants

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

---------------------------------------------------------------------------------------------------
Plaintiff : Bank of Baroda Erstwhile Vijaya Bank, represented by its Chief Manager,
Kanchipuram Branch, 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).U.Ramya, aged about 26 years, d/o K. Umapathy,

2).K.Umapathy, aged about 58 years, s/o Katchapalayam, both
residing at No.7, Sriram Nagar, Murugan Colony, Thatti Thoppu, Kanchipuram-
631501, within the jurisdiction of District Munsif Court at Kanchipuram is the
Defendants herein.

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 30.11.2023
 Plaintiff.

IN THE COURT OF THE SUBORDINATE JUDGE AT KANCHIPURAM.

O.S.No. /2023

Bank of Baroda Erstwhile Vijaya Bank,

Kanchipuram Branch, Represented by its
Chief Manager …Plaintiff
Vs

1). U.Ramya
2). K.Umapathy …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
Chief Manager, Bank of Baroda Erstwhile Vijaya 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.2,07,083/- and costs and future interest due at 12.25 % 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 30.11.2023
 Advocate, Kanchipuram

IN THE COURT OF THE SUBORDINATE JUDGE AT KANCHIPURAM.

O.S.No. /2023

Bank of Baroda Erstwhile Vijaya Bank,

Kanchipuram Branch, Represented by its
Chief Manager …Plaintiff
Vs

1). U.Ramya
2). K.Umapathy …Defendants
PROOF AFFIDAVIT FILED BY THE PLAINTIFF

I, Sudhir Kumar Barnwal, aged about 47 years, s/o Laxman Lal Barnwal, working as
Chief 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 Chief 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.2,07,083/- and costs and future interest due at 12.25 % 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 Vijaya 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 Chief 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). I submit that the 1st & 2nd defendants approached plaintiff Bank and applied
Educational Loan for the financial assistance of 1 st Defendant to study B.Tech
(Chemical Engineering), Degree Course at “ARULMIGU MEENAKSHI AMMAN
COLLEGE OF ENGINEERING” Vadamavandal, (Near Kanchipuram), Namadi
Post,Thiruvannamalai District, Accordingly plaintiff Bank had sanctioned the
Education Loan on 31.08.2015 for a sum of Rs.1,20,000/- under Educational Loan to
1st defendant studies and the 1st
& 2nd defendants have borrowed a sum of Rs.1,20,000/- (Rupees One Lakhs Twenty
Thousand only) from the Plaintiff Bank by way of educational loan on 31.08.2015 in
-2-
Loan Account No.306307111000092 (New No.69610600001799). And on the same
day the 1st and 2nd defendants have jointly executed a suit Promissory Note, Article of
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
future interest at the rate of 12.25 % p.a. with monthly rests. The said loan is
repayable in 120 Equated Monthly installments of the balance outstanding as on 6
months after completion of the course or immediately on getting of job whichever is
earlier.

5). I submit that the 1st and 2nd defendants have jointly executed the Letter of
Confirmation of Balance in Loan Account on 18.07.2016 and Acknowledgement of
Liability on 04.06.2018 and 05.02.2021 confirming and acknowledging their above
said liability. Hence the suit claim is in time in respect of those acknowledgements
made by the defendants in favour of Plaintiff Bank.

6). I submit that 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.

7). I submit that conduct of loan account of the defendants was not satisfactory and
installments were not paid. The account became irregular. Inspite of several
demands, remainders issued by the plaintiff Bank, the 1 st and 2nd defendants were
failed and neglected to repay the above said loan Amount with future interest to the
plaintiff Bank. Hence the plaintiff Bank is obliged to file this suit for the recovery of
Rs.2,07,083/- and costs and future interest at the rate of 12.25 % 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.

8). 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 30.11.2023 Plaintiff.
 Advocate, Kanchipuram.

IN THE COURT OF THE

SUBORDINATE JUDGE
AT KANCHIPURAM
O.S.NO. /2023

Bank of Baroda Erstwhile Vijaya

Bank, Kanchipuram Branch,
Represented by its Chief Manager
.…Plaintiff
Vs

1). U.Ramya
2). K.Umapathy …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 : 9
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 Vijaya

Bank, Kanchipuram Branch,
Represented by its Chief Manager
.…Plaintiff
Vs

1). U.Ramya
2). K.Umapathy …Defendants

Proof Affidavit filed by

the plaintiff
 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 Vijaya

Bank, Kanchipuram Branch,
Represented by its Chief Manager
.…Plaintiff
Vs

1). U.Ramya
2). K.Umapathy …Defendants

Verified Affidavit filed by the

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

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 Vijaya

Bank, Kanchipuram Branch,
Represented by its Chief Manager
.…Plaintiff
Vs

1). U.Ramya
2). K.Umapathy …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 Vijaya

Bank, Kanchipuram Branch,
Represented by its Chief Manager
.…Plaintiff
Vs

1). U.Ramya
2). K.Umapathy …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 Vijaya

Bank, Kanchipuram Branch,
Represented by its Chief Manager
.…Plaintiff
Vs

1). U.Ramya
2). K.Umapathy …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 Vijaya

Bank, Kanchipuram Branch,
Represented by its Chief Manager
.…Plaintiff
Vs

1). U.Ramya
2). K.Umapathy …Defendants

Plaintiff side
Document No- 1
Application form submitted by 1st &
2 nd Defendants to Plaintiff Bank.

ADDRESS FOR SERVICE

S.VIJAYA, B.COM, B.L.,

ADVOCATE,

KANCHIPURAM.
S.No. Date Description of Documents Nature
1. - Application form submitted by 1 st & 2nd Defendants to Original.
Plaintiff Bank.
2. 31.08.2015 Sanction Letter issued by Plaintiff Bank to defendants Original.
3. 31.08.2015 Demand Promissory Note executed by 1 st & 2nd Original.
Defendants infavour of Plaintiff Bank
4. 31.08.2015 Articles of Agreement executed by 1 st & 2nd Defendants Original.
infavour of Plaintiff Bank.
5. 31.08.2015 Letter of Repayment executed by 1 st & 2nd Defendants Original.
infavour of Plaintiff Bank.
6. 18.07.2016 Letter of Confirmation of Balance in Loan Account Original.
executed by the 1st and 2nd defendants infavour of
plaintiff Bank.
7. 04.06.2018 Acknowledgement of Liability executed by the 1 st and 2nd Original.
defendant infavour of plaintiff Bank.
8. 25.02.2021 Acknowledgement of Liability executed by the 1 st and 2nd Original.
defendant infavour of plaintiff Bank.
9. 27.11.2023 Computerized copy of Account Statement of 1 st Original.
defendant.