Case Summary
The Federal Bank Ltd. filed a suit against Sri. Arshad for the recovery of a loan amount due to non-repayment. The defendant pledged fake gold ornaments as security for the loan and failed to repay.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.1,18,244/- and interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover a total of Rs.1,18,244/- along with interest and costs from the defendant. The suit was decreed in favor of the plaintiff.
Why Plaintiff Won:
The unrebutted evidence established the plaintiff's case and the defendant's failure to repay the loan.
The unrebutted evidence established the plaintiff's case and the defendant's failure to repay the loan.
Losing Side's Weaknesses:
The unrebutted evidence established the plaintiff's case and the defendant's failure to repay the loan.
The unrebutted evidence established the plaintiff's case and the defendant's failure to repay the loan.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A5 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows: 1. Plaintiff is entitled to realize Rs.1,18,244/- (Rupees One Lakh Eighteen Thousand Two Hundred and Forty Four only) from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sri. Arshad
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Original Loan Application - cum - Pledge Agreement, Original Demand Promissory Note, Printout of Statement of Account, Copy of Lawyer's Notice, Original Postal Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Peter Tharakan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Francis Peter Tharakan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize Rs.1,18,244 from the defendant.
Evidence:
In the result, suit is decreed as follows: 1. Plaintiff is entitled to realize Rs.1,18,244/- (Rupees One Lakh Eighteen Thousand Two Hundred and Forty Four only) from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at 12% per annum on the amount of Rs.1,18,244 from the date of suit till date of decree.
Evidence:
2. Plaintiff is entitled to realize interest @ 12% per annum for Rs.1,18,244/- (Rupees One Lakh Eighteen Thousand Two Hundred and Forty Four only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at 6% per annum on the amount of Rs.1,18,244 from the date of decree till date of realization.
Evidence:
3. Plaintiff is entitled to realize interest @6% per annum for Rs.1,18,244/- (Rupees One Lakh Eighteen Thousand Two Hundred and Forty Four only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit from the defendant.
Evidence:
4. Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Original Loan Application - cum - Pledge Agreement
Submitted By:
Plaintiff
Relevance:
This document proves the defendant's loan application and pledge of ornaments.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as a security for the loan granted to the defendant.
Reference:
Ext.A2
Document Type:
Print out of Statement of Account along with Certification
Submitted By:
Plaintiff
Relevance:
This shows the particulars of the loan availed by the defendant.
Reference:
Ext.A3
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
This documents the legal notice sent to the defendant for repayment.
Reference:
Ext.A4
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
This proves that the legal notice was sent to the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between The Federal Bank Ltd. vs Sri. Arshad regarding realization of money.
Case Code Year
Case between The Federal Bank Ltd. vs Sri. Arshad regarding realization of money.