Case Summary
The plaintiff, ICICI Bank Ltd., is seeking to recover an outstanding loan amount from the defendant, Karthick, who defaulted on loan payments. The court proceeded with the case ex parte as the defendant failed to appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.1,87,348 along with interest from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the specified sum along with interest from the defendant.
Why Plaintiff Won:
The plaintiff established their case through uncontroverted evidence and testimony.
The plaintiff established their case through uncontroverted evidence and testimony.
Losing Side's Weaknesses:
The plaintiff established their case through uncontroverted evidence and testimony.
The plaintiff established their case through uncontroverted evidence and testimony.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A6 established his case as pleaded by him.
Judgment Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.1,87,348 from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- ICICI Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Karthick
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Certified copy of power of Attorney, Original preliminary credit facility application form, Original credit facility application form, Key fact statement and most important information, Loan recall notice, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Lal K. Joseph.P. Muraleedharan, Luxy T.A. & Ansil Salim
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize Rs.1,87,348 from the defendant and from his assets.
Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.1,87,348 from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.1,87,348 from the date of suit till date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.1,87,348 from the date of suit till date of decree from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.1,87,348 from date of decree till date of realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.1,87,348 from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant and from his assets.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of Power of Attorney dated 10.04.2018 used to establish the authority of the plaintiff's representative.
Reference:
Ext.A1
Document Type:
Preliminary Credit Facility Application
Submitted By:
Plaintiff
Relevance:
Original preliminary credit facility application form dated 22.02.2023 submitted as evidence of the loan agreement.
Reference:
Ext.A2
Document Type:
Credit Facility Application
Submitted By:
Plaintiff
Relevance:
Original credit facility application form dated 22.02.2023 presented to support the plaintiff's claim.
Reference:
Ext.A3
Document Type:
Key Fact Statement
Submitted By:
Plaintiff
Relevance:
Original of key fact statement and most important information dated 22.02.2017 included as part of the loan documentation.
Reference:
Ext.A4
Document Type:
Loan recall notice
Submitted By:
Plaintiff
Relevance:
Copy of loan recall notice dated 14.04.2018 demanding the outstanding amount as evidence of the default.
Reference:
Ext.A5
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Printout of statement of account as on 11.09.2018 along with certification to show the amounts due.
Reference:
Ext.A6
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The unrebutted oral testimony of PW1 that established the plaintiff's case as pleaded.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between ICICI Bank Ltd. vs Karthick regarding realization of money
Case Code Year
Case between ICICI Bank Ltd. vs Karthick regarding realization of money