Case Summary
The Federal Bank Ltd. is seeking recovery of money from Ismayil.N.P, who failed to repay a term loan and cash credit. The defendant claims the loan conditions were not agreed upon and questions the validity of the documents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The sum of ₹5,27,732 with interest and costs
Case Type
Civil Suit
Final Judgment
No
The court ordered that Ismayil.N.P pay The Federal Bank Ltd. a sum of ₹5,27,732 along with interest and costs. The court found that the plaintiff had sufficiently proven its claim.
Why Plaintiff Won:
The plaintiff proved the claim through admissions in the written statement and supporting documents.
The plaintiff proved the claim through admissions in the written statement and supporting documents.
Losing Side's Weaknesses:
The plaintiff proved the claim through admissions in the written statement and supporting documents.
The plaintiff proved the claim through admissions in the written statement and supporting documents.
Supporting Evidence
By virtue of Ext A4, it is proved that the claim of the plaintiff that a sum of ₹5,32,732 is due as on the date of filing of the suit.
Judgment Evidence:
In view of the finding on the first issue, it is hereby ordered that the defendant do pay to the plaintiff the sum of ₹5,27,732 with interest thereon at the rate of 9% per annum from the date of suit till this day.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Ltd.
- Party Role
- Defendant
- Party Name
- Ismayil.N.P
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Agreement of cash credit, Security Delivery letter, Demand promissory Note, Account statement, Lawyer notice, Postal receipt, Postal acknowledgment card, Acknowledgment Debt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.Subramanian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.M Hemachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.P.Hashick
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is awarded the sum of Rs 5,27,732/- along with interest.
Evidence:
In view of the finding on the first issue, it is hereby ordered that the defendant do pay to the plaintiff the sum of Rs 5,27,732/- (Rupees Five Lakhs Twenty Seven Thousand Seven Hundred and Thirty Two Only) with interest thereon at the rate of 9% per annum from the date of suit till this day.
Documents & Evidence
Document Type:
Agreement of cash credit
Submitted By:
Plaintiff
Relevance:
The defendant executed an agreement for the cash credit facility provided by the plaintiff bank.
Reference:
Ext.A1
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
The defendant hypothecated property to the plaintiff bank as part of the cash credit agreement.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note documents the defendant's promise to repay the cash credit amount borrowed from the plaintiff.
Reference:
Ext.A3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows the transactions and outstanding amount, proving the plaintiff's claims regarding the debt.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice served to the defendant regarding the outstanding amounts.
Reference:
Ext.A5
Document Type:
Acknowledgment Debt
Submitted By:
Plaintiff
Relevance:
Confirms the balance outstanding in the defendant's account with the plaintiff bank.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Non-payment of rent
Case Code
C.S.
Case Code Year
2022