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O.S. No. 302/2020

Case between The Federal Bank Ltd vs Mr. Nithin Anand regarding realization of money.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR.
Order Date
2024-10-25
Duration
approximately-7 years 2 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, The Federal Bank Ltd, is seeking to recover an outstanding loan amount from the defendant, Mr. Nithin Anand. The defendant defaulted on the repayment of a personal loan taken from the plaintiff bank.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize a sum of Rs.2,44,888.73 and interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff established its case with sufficient evidence and testimony.
Losing Side's Weaknesses:
The plaintiff established its case with sufficient evidence and testimony.
Supporting Evidence
The unrebutted oral testimony of PW1 and A1 to A4 and A6 and A7 established his case as pleaded by him.

Judgment Evidence:

In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize a sum of Rs.2,44,888.73 from the defendant and from his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Federal Bank Ltd
Party Role
Defendant
Party Name
Mr. Nithin Anand
Party Age
32
Relation
S/o
Plaintiffs Documents
Loan Application dated 05.09.2017, Copy of legal notice dated 16.09.2019, Printout of the statement of account pertaining to loan.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Francis Peter Tharakan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Muhammed Aslam
Appearance Type
Exparte

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize a sum from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.2,44,888.73/­.
Relief Type: Interest
Outcome: Granted
Description:
Plaintiff entitled to recover interest from the date of suit.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.2,44,888.73/­ from the date of suit till date decree.
Relief Type: Interest
Outcome: Granted
Description:
Plaintiff entitled to recover interest until realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.2,44,888.73/­ from date of decree till date of realization.
Relief Type: Cost
Outcome: Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Establishes the loan agreement and terms accepted by the defendant.
Reference:
Ext.A1
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Shows the notice issued to the defendant regarding the loan default.
Reference:
Ext.A2
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Confirms the receipt of the legal notice by the defendant.
Reference:
Ext.A3
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Details the outstanding amount on the loan including penalties.
Reference:
Ext.A4
Document Type: Interest Statement
Submitted By: Plaintiff
Relevance:
Provides information on the rates of interest and penal interest due from the defendant.
Reference:
Exts.A6 and 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 The Federal Bank Ltd vs Mr. Nithin Anand regarding realization of money.
Case Code Year
Case between The Federal Bank Ltd vs Mr. Nithin Anand regarding realization of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 08/23/2017 - 12:00
Case Closed
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

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