Case Summary
The Federal Bank Limited filed a suit against Mushar Naisam and Mami for the recovery of loan amounts. The case concerns two loans availed by the defendants and the subsequent defaults in repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants 1 and 2 shall pay an amount of ₹4,41,479 with 10% interest per annum. Defendant 1 shall pay an amount of ₹4,20,003.64 with 10% interest per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved its claim with unchallenged evidence and documents.
The plaintiff proved its claim with unchallenged evidence and documents.
Judgment Evidence:
In the result, the suit is decreed as follows. 1) Defendants 1 and 2 shall pay an amount of ₹4,41,479 (Rupees Four Lakhs Forty One Thousand Four Hundred Seventy Nine and Fifty Nine Paisa) with 10% interest per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
The Federal Bank Limited (Age not specified years)
Branch, Ernakulam/Kaloor, Syda Building, Oppostie to ICNOU, Kaloor-Kadavanthra road, Cochin, Ernakulam - 682 017
Defendants
Mushar Naisam (Age not specified years)
S/o Subair A, Shemihas, Cresent Nagar, 6ᵗʰ Cross road, SRM Road, Ernakulam - 682 018
Mami (Age not specified years)
W/o Subair A, Shemihas, Cresent Nagar, 6ᵗʰ Cross road, SRM Road, Ernakulam - 682 018
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall pay an amount of ₹4,41,479 with interest.
Evidence:
Defendants 1 and 2 shall pay an amount of ₹4,41,479 (Rupees Four Lakhs Forty One Thousand Four Hundred Seventy Nine and Fifty Nine Paisa) with 10% interest per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant No.1 shall pay an amount of ₹4,20,003.64 with interest.
Evidence:
Defendant No.1 shall pay an amount of ₹4,20,003.64 (Rupees Four Lakhs Forty Twenty Thousand and three rupees and Sixty Four Paisa) with 10% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Agreement for Federal Personal Car Loan Scheme
Submitted By:
Plaintiff
Relevance:
Executed by the 1st Defendant as principal borrower.
Reference:
Ext.A1
Document Type:
Agreement of Guarantee
Submitted By:
Plaintiff
Relevance:
Executed by the 2nd Defendant as guarantor.
Reference:
Ext.A2
Document Type:
Computer printout of the Customer Inputs document
Submitted By:
Plaintiff
Relevance:
Documentary evidence under Banker's Book Evidence Act.
Reference:
Ext.A3
Document Type:
BYOM Loans - Terms and conditions
Submitted By:
Plaintiff
Relevance:
Documentary evidence under Banker's Book Evidence Act.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Issued for the loan account period.
Reference:
Ext.A5
Document Type:
SARFESI Demand notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants for clearing dues.
Reference:
Ext.A6
Document Type:
Copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants regarding legal action.
Reference:
Ext.A7
Document Type:
Statement of account for A/c no. 14217400003244
Submitted By:
Plaintiff
Relevance:
Documentary proof of outstanding dues.
Reference:
Ext.A8
Document Type:
Statement of account for A/c no. 14217600004224
Submitted By:
Plaintiff
Relevance:
Documentary proof of outstanding dues.
Reference:
Ext.A9