Case Summary
The plaintiff, The Federal Bank Ltd, is claiming repayment of a personal loan from the defendant, Sri. Saidu Muhammad, who defaulted on repayments. The lawsuit arose due to the defendant's failure to repay the loan, leading to its classification as a Non-Performing Asset.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.2,98,313.49/- from the defendant and from his assets, including interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The defendant was found liable for repayment.
Why Plaintiff Won:
The plaintiff established their claim with unrebutted evidence proving the loan was not repaid.
The plaintiff established their claim with unrebutted evidence proving the loan was not repaid.
Losing Side's Weaknesses:
The plaintiff established their claim with unrebutted evidence proving the loan was not repaid.
The plaintiff established their claim with unrebutted evidence proving the loan was not repaid.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A5 established the case as pleaded by plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.2,98,313.49/- from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Ltd
- Party Role
- Defendant
- Party Name
- Sri. Saidu Muhammad
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Loan sanction printout, customer details printout, lawyer's notice dated 13.03.2020, unreturned cover addressed to the defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Peter Tharakan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff granted the recovery of the outstanding loan amount.
Evidence:
The plaintiff is entitled to realize Rs.2,98,313.49/- from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Plaintiff granted interest on the outstanding amount at a reduced rate.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.2,98,313.49/- from the date of suit till date of decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff granted interest on the outstanding amount from the date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,98,313.49/- from date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff granted recovery of the costs of the suit.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Loan Sanction Printout
Submitted By:
Plaintiff
Relevance:
Establishes the loan sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Customer Details Printout
Submitted By:
Plaintiff
Relevance:
Provides details of the defendant related to the loan.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant about the loan defaults.
Reference:
Ext.A3
Document Type:
Unreturned Cover
Submitted By:
Plaintiff
Relevance:
Indicates the delivery attempt of the notice to the defendant.
Reference:
Ext.A4
Document Type:
Loan Account Statement Printout
Submitted By:
Plaintiff
Relevance:
Confirms the outstanding amount owed by the defendant.
Reference:
Ext.A5
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
Supports the claims made by the plaintiff based on witness testimony.
Reference:
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 Ltd vs Sri. Saidu Muhammad regarding loan default
Case Code Year
Case between The Federal Bank Ltd vs Sri. Saidu Muhammad regarding loan default