Case Summary
The case involves the Bank of Maharashtra seeking to recover outstanding credit card dues from the defendants, Jith Mathew and Liviya Antony. The defendants failed to make the required payments for their credit card account, which resulted in the account being classified as a Non-Performing Asset.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.1,02,309/- along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay Rs. 1,02,309/- along with interest. The court found that the plaintiff established its case for recovery of the outstanding amount.
Why Plaintiff Won:
Plaintiff established a case for recovery of dues based on evidence presented.
Plaintiff established a case for recovery of dues based on evidence presented.
Losing Side's Weaknesses:
Plaintiff established a case for recovery of dues based on evidence presented.
Plaintiff established a case for recovery of dues based on evidence presented.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,02,309/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.1,02,309/- (Rupees One Lakh two thousand three hundred and nine only) along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Maharastra
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Jith Mathew
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Liviya Antony
- Party Age
- 33
- Relation
- W/o
Plaintiffs Documents
Copy of application for credit card dated 11.10.2021, Legal notice sent to the defendant dated 02.08.2024, Original postal receipt dated 03.08.2024, Copy of AD card for receipt of legal notice, Copy of statement of accounts of the defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Cibi C Cheeran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover an amount of Rs.1,02,309/- from the defendant.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.1,02,309/- (Rupees One Lakh two thousand three hundred and nine only) along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Plaintiff requested interest on the amount due.
Evidence:
I am not inclined to allow the same. Defendants are directed to pay interest at the rate of 12% per annum from the date of suit till the date of decree, and 6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff sought to recover the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Credit Card Application
Submitted By:
Plaintiff
Relevance:
This document is the application for the credit card submitted by the defendant.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document is the office copy of the legal notice sent to the defendant, demanding repayment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is the original postal receipt confirming the dispatch of the legal notice to the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is the acknowledgment card signed by the defendant for receipt of the legal notice.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document is a copy of the statement of accounts of the defendant taken from the bank's records.
Reference:
Ext.A5
Document Type:
Board Resolution
Submitted By:
Plaintiff
Relevance:
This document is the resolution of the plaintiff bank authorizing an officer to file the suit.
Reference:
Ext.A6
Document Type:
Banker's Book Evidence Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the account statement as per the Banker's Book Evidence Act.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Bank of Maharastra vs Jith Mathew, Liviya Antony regarding realization of money
Case Code Year
Case between Bank of Maharastra vs Jith Mathew, Liviya Antony regarding realization of money