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O.S No. 749/2024

Case between The Federal Bank Ltd vs Shilpa Rajeshkumar et al regarding realisation of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-03-28
Duration
approximately-2 months 4 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The Federal Bank Ltd has filed a suit against Shilpa Rajeshkumar and Rajeshkumar for the repayment of a loan amounting to Rs 3,92,287.65. The defendants failed to appear in court or respond, leading to a judgment in favor of the plaintiff.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, with the defendants liable to pay Rs 3,92,287.65 along with interest. The court directed that payment should be made to the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Payment of Rs 3,92,287.65 with interest at 6% per annum
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, with the defendants liable to pay Rs 3,92,287.65 along with interest. The court directed that payment should be made to the plaintiff.
Why Plaintiff Won:
The evidence of the plaintiff was taken in the absence of the defendants, which stood uncontested, proving the plaintiff's case.
Losing Side's Weaknesses:
The evidence of the plaintiff was taken in the absence of the defendants, which stood uncontested, proving the plaintiff's case.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.

Judgment Evidence:

In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, an amount of 3,92,287.65/- (Rupees three lakhs ninety two thousand two hundred and eighty seven and sixty five paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or from assets of defendants.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Federal Bank Ltd
Relation
Represented by
Party Role
Defendant
Party Name
Shilpa Rajeshkumar
Party Age
26
Relation
D/o
Party Role
Defendant
Party Name
Rajeshkumar
Party Age
62
Relation
S/o
Plaintiffs Documents
Agreement for Federal Special Vidya Loan Scheme, Demand Promissory Note, True copy of Legal Notice, Statement of Account.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M. S Kiran
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Lisha William
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
E.K Remesh Kartha
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rohith R. Kartha
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendants are directed to pay a total amount of 3,92,287.65/- to the plaintiff.
Evidence:
The defendants owe a total amount of 3,92,287.65/- to the plaintiff.
Relief Type: Interest
Outcome: Granted
Description:
Interest at the rate of 6% per annum is to be paid from the date of the institution of the suit.
Evidence:
Fixing the rate of interest at 6% per annum (simple interest) as post suit interest will suffice interest of justice.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to the costs of the suit from the defendants.

Documents & Evidence

Document Type: Agreement for Federal Special Vidya Loan Scheme
Submitted By: Plaintiff
Relevance:
Document demonstrates the agreement between the plaintiff and defendants regarding the loan.
Reference:
Ext.A1
Document Type: Agreement for Federal Special Vidya Loan Scheme
Submitted By: Plaintiff
Relevance:
Document demonstrates the agreement between the plaintiff and defendants regarding the loan.
Reference:
Ext.A2
Document Type: Agreement for Federal Special Vidya Loan Scheme
Submitted By: Plaintiff
Relevance:
Document demonstrates the agreement between the plaintiff and defendants regarding the loan.
Reference:
Ext.A3
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Document serves as a formal demand for repayment from the defendants.
Reference:
Ext.A4
Document Type: Security Delivery Letter
Submitted By: Plaintiff
Relevance:
Document relates to the security provided by the defendants against the loan.
Reference:
Ext.A5
Document Type: True copy of legal notice
Submitted By: Plaintiff
Relevance:
Document shows that the plaintiff issued a legal notice to the defendants regarding the loan repayment.
Reference:
Ext.A6
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Document provides proof of delivery of the legal notice to the defendants.
Reference:
Ext.A7
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Document provides proof of delivery of the legal notice to the defendants.
Reference:
Ext.A8
Document Type: Computer print out of Statement of Account
Submitted By: Plaintiff
Relevance:
Document details the financial transactions concerning the defendants' loan.
Reference:
Ext.A9
Document Type: Computer print out of Statement of Account
Submitted By: Plaintiff
Relevance:
Document details the financial transactions concerning the defendants' loan.
Reference:
Ext.A10
Document Type: Computer print out of Manual Statement of Account
Submitted By: Plaintiff
Relevance:
Document details the financial transactions concerning the defendants' loan.
Reference:
Ext.A11
Document Type: Computer print out of Manual Statement of Account
Submitted By: Plaintiff
Relevance:
Document details the financial transactions concerning the defendants' loan.
Reference:
Ext.A12

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 Shilpa Rajeshkumar et al regarding realisation of money
Case Code Year
Case between The Federal Bank Ltd vs Shilpa Rajeshkumar et al regarding realisation of money

Quick Facts

Location
Ernakulam, Kerala, India
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

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