Case Summary
The Employees’ Provident Fund Organization filed a suit to recover Rs 2,53,980 that was mistakenly credited to the account of the 1st defendant instead of its panel advocate. Despite acknowledgments and legal notices, the amount remains unpaid.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs 2,53,980 together with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for recovery of the amount along with interest. The 1st defendant is ordered to repay the wrongly credited amount.
Why Plaintiff Won:
The plaintiff has succeeded in proving its case with sufficient evidence.
The plaintiff has succeeded in proving its case with sufficient evidence.
Losing Side's Weaknesses:
The plaintiff has succeeded in proving its case with sufficient evidence.
The plaintiff has succeeded in proving its case with sufficient evidence.
Supporting Evidence
The plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: (i) The plaintiff is entitled to realise an amount of Rs 2,53,980 together with interest at the rate of 6% per annum from the date of suit till the date of realization from the 1st defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Employees’ Provident Fund Organization
- Party Role
- Defendant
- Party Name
- Vishnu Sahu
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The State Bank of India
- Relation
- represented by its Branch Manager
- Party Role
- Defendant
- Party Name
- The Canara Bank
- Relation
- represented by its Branch Manager
Plaintiffs Documents
Extract of Account Ledger of SBI, Kollam Branch, Office copy of letter dated 12/11/2020, Office copy of letter dated 20/11/2020, Legal Notice dated 26/11/2020, Affidavit of the first defendant dated 31/08/2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ahees.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Benoy Bal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the wrongly credited amount.
Evidence:
In the result, the suit is decreed as follows: (i) The plaintiff is entitled to realise an amount of Rs 2,53,980/- together with interest.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Extract of Account Ledger
Submitted By:
Plaintiff
Relevance:
Account details related to the disputed amount.
Reference:
Ext.A1
Document Type:
Office copy of letter
Submitted By:
Plaintiff
Relevance:
Communication sent to the 2nd defendant regarding the credit error.
Reference:
Ext.A2
Document Type:
Office copy of letter
Submitted By:
Plaintiff
Relevance:
Communication sent to the 3rd defendant regarding the credit error.
Reference:
Ext.A3
Document Type:
Copy of Letter
Submitted By:
Plaintiff
Relevance:
Response from the 3rd defendant to the 1st defendant regarding the credit error.
Reference:
Ext.A4
Document Type:
Copy of Letter
Submitted By:
Plaintiff
Relevance:
Further communication from the 3rd defendant to the 1st defendant.
Reference:
Ext.A5
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Legal notice regarding the claim for repayment.
Reference:
Ext.A6
Document Type:
Office copy of letter
Submitted By:
Plaintiff
Relevance:
Communication sent to the 1st defendant from the plaintiff.
Reference:
Ext.A7
Document Type:
Office copy of letter
Submitted By:
Plaintiff
Relevance:
Further communication to the 1st defendant about the credit error.
Reference:
Ext.A8
Document Type:
Extract of Account Ledger
Submitted By:
Plaintiff
Relevance:
Details of the account maintained by the plaintiff organization.
Reference:
Ext.A9
Document Type:
Affidavit of the first defendant
Submitted By:
Plaintiff
Relevance:
Admission of receipt of funds by the 1st defendant.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between The Employees’ Provident Fund Organization vs Vishnu Sahu et al regarding recovery of money
Case Code Year
Case between The Employees’ Provident Fund Organization vs Vishnu Sahu et al regarding recovery of money