Case Summary
The plaintiff, Axis Bank Ltd, filed a suit against the defendant, M. Prabeesh Nair, for the recovery of an amount wrongly credited to his account. The bank claimed that the defendant had fraudulently appropriated funds that did not belong to him.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs.4,48,000/- with interest at the rate of 12%
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to repay the amount of Rs.4,48,000/- along with interest. The suit is seen as justifiable as the funds were erroneously credited to the defendant's account.
Why Plaintiff Won:
The amount was credited to the defendant's account by mistake and he failed to return it upon realizing the error.
The amount was credited to the defendant's account by mistake and he failed to return it upon realizing the error.
Losing Side's Weaknesses:
The amount was credited to the defendant's account by mistake and he failed to return it upon realizing the error.
The amount was credited to the defendant's account by mistake and he failed to return it upon realizing the error.
Supporting Evidence
The defendant came to know about the deposit of the amount instantly when it was deposited in his account. He did not take any steps to return the amount.
Judgment Evidence:
In the result, the defendant is directed to pay an amount of Rs.4,48,000/- (Rupees Four Lakhs And Forty Eight Thousand Only) to the plaintiff with interest at the rate of 12% from the date of suit till decree and thereafter 6% till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Axis Bank Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M. Prabeesh Nair
- Relation
- S/o
Plaintiffs Documents
Letter from M/s. Safiya Travel, Notices sent to the defendant, Complaint filed before S. I. of police, Account statement, Acknowledgment from Safiya Travels.
Defendants Documents
Letter from Income Tax Department, Notice V/S. 142 of IT Act, Assessment order from Income Tax Department.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. S. Murali
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Aiswarya. K. G.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Athira. K. K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Razal Rahiman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Anjali. M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the amount of Rs.4,48,000/- from the defendant.
Evidence:
The defendant is directed to pay an amount of Rs.4,48,000/- (Rupees Four Lakhs And Forty Eight Thousand Only) to the plaintiff with interest at the rate of 12% from the date of suit till decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Recovery of costs of the suit.
Evidence:
The defendant shall pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter from M/s. Safiya Travel regarding non-deposit of funds.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Free copy of the letter sent by the plaintiff to the defendant.
Reference:
Ext.A2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Free copy of the letter sent by plaintiff to the defendant.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice sent to the defendant.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Free copy of reply lawyer notice.
Reference:
Ext.A5
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint filed before S. I. of police, Kasaba Police Station.
Reference:
Ext.A6
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment received from Kasaba Police Station.
Reference:
Ext.A7
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Copy of account statement for the period.
Reference:
Ext.A8
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment issued from M/s. Safiya Travels.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account for the period.
Reference:
Ext.A10
Document Type:
Transaction Slip
Submitted By:
Plaintiff
Relevance:
Original transaction slip evidencing the erroneous credit.
Reference:
Ext.A11
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter from Income Tax Department regarding cash transaction.
Reference:
Ext.B1
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice V/S 142 of Income Tax Act from Income Tax Department.
Reference:
Ext.B2
Document Type:
Assessment Order
Submitted By:
Defendant
Relevance:
Assessment order from Income Tax Department.
Reference:
Ext.B3
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order of Income Tax Appellate Tribunal.
Reference:
Ext.B4
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Copy of Lawyer Notice.
Reference:
Ext.B5
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
Postal receipt related to the lawyer notice.
Reference:
Ext.B5(a)
Document Type:
Reply
Submitted By:
Defendant
Relevance:
Reply from Axis Bank regarding the transaction.
Reference:
Ext.B6
Document Type:
Pay-in-slip
Submitted By:
Defendant
Relevance:
Copy of Pay-in-slip related to the transaction.
Reference:
Ext.B7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Axis Bank Ltd vs M. Prabeesh Nair regarding realization of money
Case Code Year
Case between Axis Bank Ltd vs M. Prabeesh Nair regarding realization of money