Case Summary
The plaintiff, M/s. ICICI Bank Ltd., is suing the defendant, Vijay Kumar P., for the recovery of a loan amount due to defaults in payments. The defendant failed to appear in court, and the case proceeded exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Entitled to realize Rs.4,51,163 along with interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the loan amount along with interest from the defendant.
Why Plaintiff Won:
The plaintiff's claim was established through unrebutted evidence and supported by the loan agreement.
The plaintiff's claim was established through unrebutted evidence and supported by the loan agreement.
Losing Side's Weaknesses:
The plaintiff's claim was established through unrebutted evidence and supported by the loan agreement.
The plaintiff's claim was established through unrebutted evidence and supported by the loan agreement.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A5 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim and Exhibits.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The plaintiff is entitled to realize Rs.4,51,163 from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. ICICI Bank Ltd.
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Vibin Sabu
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijay Kumar P.
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Certified copy of power of attorney, Original preliminary credit facility application, Original credit facility application, Copy of loan recall notice, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Lal K. Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. Muraleedharan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Luxy T.A.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manuel K.M.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sethukrishna
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anzil Salm
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.4,51,163/- from the defendant.
Evidence:
In the result, suit is decreed as follows: The plaintiff is entitled to realize Rs.4,51,163/- (Rupees four lakhs fifty one thousand one hundred and sixty three only) from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 12% per annum on the amount due from date of suit till date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.4,51,163/- 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 interest at the rate of 6% per annum on the amount due from the date of decree till realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.4,51,163/- from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
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:
Filed to establish the authority of the representative of the plaintiff bank.
Reference:
Ext.A1
Document Type:
Preliminary Credit Facility Application
Submitted By:
Plaintiff
Relevance:
Original application showing the terms of the loan availed by the defendant.
Reference:
Ext.A2
Document Type:
Credit Facility Application
Submitted By:
Plaintiff
Relevance:
Original application indicating the conditions under which the loan was provided.
Reference:
Ext.A3
Document Type:
Loan recall notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant regarding loan repayment defaults.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document evidencing the amounts due and the terms of the outstanding loan.
Reference:
Ext.A5
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The unrebutted oral testimony of the Principal Officer of the plaintiff bank.
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 M/s. ICICI Bank Ltd. vs Vijay Kumar P. regarding realization of money.
Case Code Year
Case between M/s. ICICI Bank Ltd. vs Vijay Kumar P. regarding realization of money.