Case Summary
The case involves The Federal Bank Limited, which granted a personal loan to Benoy Francis. The defendant defaulted on the loan repayments despite repeated notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay an amount of Rs.4,12,049.18/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount with interest.
Why Plaintiff Won:
Plaintiff's unchallenged evidence proved its case.
Plaintiff's unchallenged evidence proved its case.
Losing Side's Weaknesses:
Plaintiff's unchallenged evidence proved its case.
Plaintiff's unchallenged evidence proved its case.
Supporting Evidence
Plaintiff's unchallenged evidence proves its case and it is entitled to a decree to realise the amount from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs.4,12,049.18/- (Rupees Four lakhs Twelve thousand and Forty Nine and Eighteen paise only) to the plaintiff with interest at the rate of 6% per annum for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Limited
- Relation
- represented by the Manager
- Party Role
- Defendant
- Party Name
- Benoy Francis
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
BYOM Online loan statement with general terms and conditions, Copy of advocate notice, Postal receipt, Unclaimed notice, Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.R.Presith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.S.Rekha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the outstanding loan amount from the defendant.
Evidence:
Thus, the suit is decreed with costs and defendant shall pay an amount of Rs.4,12,049.18/- (Rupees Four lakhs Twelve thousand and Forty Nine and Eighteen paise only) to the plaintiff with interest at the rate of 6% per annum for the principal amount from the date of suit till date of realization.
Documents & Evidence
Document Type:
BYOM Online loan statement with general terms and conditions
Submitted By:
Plaintiff
Relevance:
Used to substantiate the loan details and terms.
Reference:
Ext.A1
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Demonstrates that the defendant was notified of the loan and related issues.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Provides proof of the notice sent to the defendant.
Reference:
Ext.A3
Document Type:
Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
Indicates the attempts made to notify the defendant.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount owed by the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2022