ORIGINAL SUIT No. 691/2023

Case between Mr. Abu Junaij. C vs The Axis Bank Limited et al regarding realisation of money.

Court

COURT OF THE MUNSIFF-II, KOZHIKODE

Judge

Smt. Savitha T.P

Order Date

2025-08-22

Duration

approximately-3 years 8 months

Case Closed

Fri, 08/22/2025 - 12:00

Judgement document from eCourt website

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Case Summary

Mr. Abu Junaij. C, the proprietor of Golden Palace Travels and Tours, is suing The Axis Bank Limited and ICICI Bank Limited for the recovery of Rs.3,00,000. The amount was mistakenly transferred to a wrong bank account, and the plaintiff seeks to retrieve it.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed that the defendant must pay Rs.3,00,000 to the plaintiff along with interest of 9% per annum until the date of decree and 6% until realisation.

Judgment Favored

Plaintiff

Relief Granted

Rs.3,00,000 with interest at the rate of 9% till the date of decree and 6% thereafter.

Case Type

Civil Suit

Final Judgment

The court decreed that the defendant must pay Rs.3,00,000 to the plaintiff along with interest of 9% per annum until the date of decree and 6% until realisation.

Why Plaintiff Won:
The plaintiff proved the claim of wrong fund transfer and established the defendants' liability to refund the amount.

Losing Side's Weaknesses:
The plaintiff proved the claim of wrong fund transfer and established the defendants' liability to refund the amount.

Supporting Evidence

The evidence brought out by the plaintiff remain unchallenged. The contention that plaintiff is entitled to get an interest at the rate of 9% per annum till date of decree can also be allowed.

Judgment Evidence:

In the result, the suit is decreed as follows: 1. The defendant is directed to pay Rs.3,00,000/-(Three Lakhs Only) to the plaintiff with an interest at the rate of 9% till the date of decree and thereafter at the rate of 6% per annum till realisation.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Mr. Abu Junaij. C
Party Age: 32
Relation: S/o

Party Role: Defendant
Party Name: The Axis Bank Limited, Kozhikode Branch
Relation: Represented by

Party Role: Defendant
Party Name: The Axis Bank Limited
Relation: Represented by

Party Role: Defendant
Party Name: ICICI Bank Limited
Relation: Represented by

Plaintiffs Documents

The requested letter of the plaintiff submitted to the defendant No. 1, Copy of lawyer notice, Copy of Email communication from defendant No. 1 to plaintiff, Account Statement for the period from 01-04-2021 to 31-03-2022.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri. Sabu Ann Joseph
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

The defendant is directed to pay Rs.3,00,000/- to the plaintiff with interest

Evidence:

The defendant is directed to pay Rs.3,00,000/-(Three Lakhs Only) to the plaintiff with an interest at the rate of 9% till the date of decree and thereafter at the rate of 6% per annum till realisation.

Relief Type: Costs

Outcome: Granted

Description:

The defendant is also directed to pay the costs of the suit to the plaintiff

Evidence:

The defendant is also directed to pay the costs of the suit to the plaintiff.

Documents & Evidence

Document Type: Requested Letter

Submitted By: Plaintiff

Relevance:

The requested letter of the plaintiff submitted to the defendant No. 1

Reference:

Ext.A1

Document Type: Copy of Lawyer Notice

Submitted By: Plaintiff

Relevance:

Copy of lawyer notice issued by the plaintiff

Reference:

Ext.A2