O.S. No. 548 of 2022

Case between ICICI Bank Ltd. vs Sooraj A.R, Saju Raj A.R regarding realisation of money

Court

THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM

Judge

Smt. Rejani Thankappan

Order Date

2024-03-11

Duration

approximately-4 years 8 months

Case Closed

Mon, 03/11/2024 - 12:00

Judgement document from eCourt website

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Case Summary

ICICI Bank Ltd. filed a suit against Sooraj A.R and Saju Raj A.R for recovery of an outstanding loan amount. The defendants defaulted on their repayments, leading the plaintiff to seek legal redress.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed in favor of the plaintiff allowing them to recover the outstanding loan amount from the defendants. The plaintiff is entitled to recover interest and costs as well.

Judgment Favored

Plaintiff

Relief Granted

The plaintiff bank is allowed to recover Rs.5,68,162/- together with interest and costs from the defendants.

Case Type

Civil Suit

Final Judgment

The court decreed in favor of the plaintiff allowing them to recover the outstanding loan amount from the defendants. The plaintiff is entitled to recover interest and costs as well.

Why Plaintiff Won:
The unrebated evidence of the plaintiff established the defendants' liability to repay the loan.

Losing Side's Weaknesses:
The unrebated evidence of the plaintiff established the defendants' liability to repay the loan.

Supporting Evidence

From the unrebutted evidence of PW1 and from Exts.A1 to A5 documents the plaint averments stands proved.

Judgment Evidence:

In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.5,68,162/- together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: ICICI Bank Ltd.
Relation: Represented by

Party Role: Plaintiff
Party Name: Mr. Jijin A.M
Party Age: 33
Relation: S/o

Party Role: Defendant
Party Name: Sooraj A.R
Party Age: 47
Relation: S/o

Party Role: Defendant
Party Name: Saju Raj A.R
Party Age: 40
Relation: S/o

Plaintiffs Documents

Certified copy of power of attorney, Preliminary credit facility application form, Unattested deed of hypothecation, Loan recall notice, Loan account statement

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: B.S Sureshkumar
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Ashley John
Appearance Type: Assisting Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

Plaintiff bank is allowed to recover Rs.5,68,162 together with interest.

Evidence:

The plaintiff bank is allowed to recover Rs.5,68,162 (Rupees Five lakhs Sixty Eight thousand One hundred and Sixty Two only) together with interest at the rate of 9% per annum from the date of suit till the date of decree.

Relief Type: Other

Outcome: Granted

Description:

Plaintiff bank is entitled to get the costs of the suit from the defendants.

Evidence:

The plaintiff bank is also entitled to get the costs of the suit from the defendants.