Case Summary
The Federal Bank Limited has filed a suit against Shajahan.M for the recovery of an outstanding loan amount of Rs.3,97,055.19 due under a loan agreement. The defendant has failed to appear in court, leading to the case being decided ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.3,97,055.19 with interest at the rate of 15.24% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendant to repay Rs.3,97,055.19 along with interest and costs. The defendant is personally liable for the repayment.
Why Plaintiff Won:
The uncontroverted averments in the plaint proved the defendant's liability under the loan agreement.
The uncontroverted averments in the plaint proved the defendant's liability under the loan agreement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The uncontroverted testimony of PW1 and Ext.A1 to A5 documents, the plaintiff had established its case warranting the grant of reliefs prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.3,97,055.19 with interest at the rate of 15.24% per annum from the date of suit till the date of decree from the defendant personally and his assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Shajahan.M
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Online BYOM personal loan application dated 22/07/2022, Copy of legal notice dated 08/04/2024, Postal receipt, Acknowledgment card, True extract of the State of Accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.R Presith
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.3,97,055.19 with interest.
Evidence:
In the result, the suit is decreed with costs: 1. Plaintiff is entitled to realise an amount of Rs.3,97,055.19 with interest at the rate of 15.24% per annum from the date of suit till the date of decree from the defendant personally and his assets both movable and immovable.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
2. The Plaintiff is entitled to realize the costs of the suit from the defendant personally and his assets both movable and immovable.
Documents & Evidence
Document Type:
Online BYOM personal loan application
Submitted By:
Plaintiff
Relevance:
This document evidences the loan application submitted by the defendant.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document is the legal notice sent to the defendant demanding repayment of the loan.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the legal notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is the acknowledgment of the receipt of the legal notice by the defendant.
Reference:
Ext.A4
Document Type:
True extract of the State of Accounts
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding loan amount due to the plaintiff bank as of the date of the suit.
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
Recovery of money
Case Code
Case between The Federal Bank Limited vs Shajahan.M regarding realisation of money.
Case Code Year
Case between The Federal Bank Limited vs Shajahan.M regarding realisation of money.