Case Summary
The Federal Bank Limited is seeking to recover outstanding loan payments from Bijukumar.N, who has defaulted on a personal loan. The court conducted the proceedings exparte after the defendant failed to appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹58,309.93/- from the defendant and his assets, along with interest at the rate of 10.49% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the loan amount along with interest and costs from the defendant. The judgment was delivered as the defendant failed to contest the case.
Why Plaintiff Won:
The evidence from the plaintiff was unchallenged due to the defendant's absence.
The evidence from the plaintiff was unchallenged due to the defendant's absence.
Losing Side's Weaknesses:
The evidence from the plaintiff was unchallenged due to the defendant's absence.
The evidence from the plaintiff was unchallenged due to the defendant's absence.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendant was set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹58,309.93/- from the defendant and his assets. 2.Plaintiff is allowed to realise interest at the rate of 10.49% per annum with monthly rests from 19/12/2022 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Limited.
- Party Role
- Defendant
- Party Name
- Bijukumar.N
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Online Loan Statement, Advocate Notice, Postal receipt, Unserved 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:
The plaintiff is allowed to realise ₹58,309.93/- from the defendant.
Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹58,309.93/- from the defendant and his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 10.49% per annum with monthly rests from 19/12/2022 till the date of decree.
Evidence:
2.Plaintiff is allowed to realise interest at the rate of 10.49% per annum with monthly rests from 19/12/2022 till the date of decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
3.Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is allowed to realise the costs of the suit from the defendant.
Evidence:
4.Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Online Loan Statement
Submitted By:
Plaintiff
Relevance:
Submitted as evidence to show the loan amount and terms.
Reference:
Ext.A1
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Used to indicate that the defendant was informed about the dues.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Provided as evidence of communication sent to the defendant.
Reference:
Ext.A3
Document Type:
Unserved notice
Submitted By:
Plaintiff
Relevance:
Indicates the notice that could not be served to the defendant.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the amount due from the defendant to the plaintiff bank.
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 Loan
Case Code
Case between The Federal Bank Limited. vs Bijukumar.N regarding realisation of money
Case Code Year
Case between The Federal Bank Limited. vs Bijukumar.N regarding realisation of money