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
The court decreed the suit in favor of the plaintiff bank, ordering the defendants to pay a specified amount along with interest. The plaintiff is also entitled to recover costs of litigation.
Why Plaintiff Won:
The plaintiff proved its claim with unchallenged evidence and documents.
The plaintiff proved its claim with unchallenged evidence and documents.
Losing Side's Weaknesses:
The plaintiff proved its claim with unchallenged evidence and documents.
The plaintiff proved its claim with unchallenged evidence and documents.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for.
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
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Limited
- Relation
- represented by its Associate Vice President and Branch Head Anson Anotny
- Party Role
- Defendant
- Party Name
- Mushar Naisam
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mami
- Relation
- W/o
Plaintiffs Documents
Agreement for Federal Personal Car Loan Scheme, Agreement of Guarantee, Statement of account bearing A/c no. 14217400003244, Statement of account bearing A/c no. 14217600004224.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Syriac Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Madhusoodanan K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mathew Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vrinda K.P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Angel Mariya Biju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shreya Shree
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between The Federal Bank Limited vs Mushar Naisam et al regarding suit for money.
Case Code Year
Case between The Federal Bank Limited vs Mushar Naisam et al regarding suit for money.