Case Summary
The Federal Bank Ltd filed a suit against M/s. Ano Clean Way Pvt. Ltd and its directors for money owed due to an overdraft that was not repaid. The defendants failed to appear in court and the bank sought to recover the outstanding amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.1,45,174/- from the defendants along with interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of The Federal Bank Ltd, decreeing that they are entitled to recover the amount owed by the defendants. The defendants failed to contest the case, leading to a favorable result for the plaintiff.
Why Plaintiff Won:
The plaintiff's claims were established through unrebutted testimony and evidence provided.
The plaintiff's claims were established through unrebutted testimony and evidence provided.
Losing Side's Weaknesses:
The plaintiff's claims were established through unrebutted testimony and evidence provided.
The plaintiff's claims were established through unrebutted testimony and evidence provided.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A6 established the case as pleaded by plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.1,45,174/- (Rupees One Lakh Forty Five Thousand One Hundred and Seventy Four only) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Ltd
- Party Role
- Defendant
- Party Name
- M/s. Ano Clean Way Pvt. Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Sebastian Aloshyas
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Mani George
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Attested copy of the resolution dated 02.05.2017, statement of accounts along with certification, copy of legal notice dated 11.01.2018, postal acknowledgment card signed by the 2nd defendant, returned legal notice to the 1st defendant with endorsement 'not known', returned legal notice addressed to the 3rd defendant with endorsement 'not known'
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Peter Tharakan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Francis Peter Tharakan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize Rs.1,45,174/- from the defendants and from their assets.
Evidence:
The plaintiff is entitled to realize Rs.1,45,174/- (Rupees One Lakh Forty Five Thousand One Hundred and Seventy Four only) from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.1,45,174/- from the date of suit till date of decree from the defendants and from their assets.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.1,45,174/- (Rupees One Lakh Forty Five Thousand One Hundred and Seventy Four only) from the date of suit till date of decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.1,45,174/- from date of decree till date of realization from the defendants and from their assets.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.1,45,174/- (Rupees One Lakh Forty Five Thousand One Hundred and Seventy Four only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Attested copy of the resolution adopted by the directors of the 1st defendant company.
Reference:
Ext.A1
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts along with certification.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice dated 11.01.2018.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card signed by the 2nd defendant.
Reference:
Ext.A4
Document Type:
Returned Legal Notice
Submitted By:
Plaintiff
Relevance:
Returned legal notice to the 1st defendant with endorsement 'not known'.
Reference:
Ext.A5
Document Type:
Returned Legal Notice
Submitted By:
Plaintiff
Relevance:
Returned legal notice addressed to the 3rd defendant with endorsement 'not known'.
Reference:
Ext.A6
Document Type:
Interest Statement
Submitted By:
Plaintiff
Relevance:
Statement regarding rate of interest, which was rejected.
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 The Federal Bank Ltd vs M/s. Ano Clean Way Pvt. Ltd et al regarding suit for realization of money.
Case Code Year
Case between The Federal Bank Ltd vs M/s. Ano Clean Way Pvt. Ltd et al regarding suit for realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour