Case Summary
This case involves M/s. ICICI Bank Ltd. suing Sizad Iqbal for the recovery of a loan amount due to non-repayment. The defendant failed to appear in court, resulting in an ex-parte judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,67,939 along with interest @11.69% per annum and @6% from the date of decree until payment.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay Rs.2,67,939 along with interest for the loan default. The defendant's assets were also deemed liable to satisfy the decree debt.
Why Plaintiff Won:
Plaintiff established a case due to defendant's failure to repay the loan despite repeated notices.
Plaintiff established a case due to defendant's failure to repay the loan despite repeated notices.
Losing Side's Weaknesses:
Plaintiff established a case due to defendant's failure to repay the loan despite repeated notices.
Plaintiff established a case due to defendant's failure to repay the loan despite repeated notices.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.2,67,939 along with interest @11.69% per annum from 21.08.2020 till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. ICICI Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sizad Iqbal
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
True copy of Power of Attorney, Original Preliminary Credit facility application form, Original Credit Facility application Form, True copy of loan recall notice, True copy of the account statement pertaining to the loan account along with IT Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Lal.K.Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chacko Mathews.K.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anzil Salim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. Muraleedharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sethukrishna.R.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manuel.K.M.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Luxy.T.A.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.2,67,939 along with interest.
Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.2,67,939 (Rupees Two lakhs sixty seven thousand nine hundred and thirty nine only) along with interest @11.69% per annum from 21.08.2020 till the date of decree and @ 6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall be personally liable to satisfy the decree debt.
Evidence:
2) Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
3) Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the Power of Attorney.
Reference:
Ext.A1
Document Type:
Preliminary Credit Facility Application form
Submitted By:
Plaintiff
Relevance:
This document shows that the defendant applied for a preliminary credit facility from the plaintiff bank.
Reference:
Ext.A2
Document Type:
Credit Facility Application Form
Submitted By:
Plaintiff
Relevance:
This document is the credit facility application form submitted by the defendant.
Reference:
Ext.A3
Document Type:
Loan recall notice
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the loan recall notice issued to the defendant.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the account statement showing the defendant's default in repayment of the loan.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s. ICICI Bank Ltd. vs Sizad Iqbal regarding realization of money
Case Code Year
Case between M/s. ICICI Bank Ltd. vs Sizad Iqbal regarding realization of money