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O.S. No.1264/2018

Case between ICICI Bank Ltd. vs Karthick regarding realization of money

Court
THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR.
Order Date
2024-08-06
Duration
approximately-6 years 5 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiff, ICICI Bank Ltd., is seeking to recover an outstanding loan amount from the defendant, Karthick, who defaulted on loan payments. The court proceeded with the case ex parte as the defendant failed to appear.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, allowing them to recover the specified sum along with interest from the defendant.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.1,87,348 along with interest from the defendant.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established their case through uncontroverted evidence and testimony.

Judgment Evidence:

In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.1,87,348 from the defendant and from his assets.

Parties Involved

Plaintiffs

ICICI Bank Ltd. (Age not specified years) Zonal Office, Pushpamangalam Estates, NH Bypass, Edappally, Ernakulam

Defendants

Karthick (28 years) 225, Parayan Palam House, Adarsha Nagar Road, Valavan Colony, Kannangery Nagar Road, Chittethukara, Near Ayyappan Temple, Ernakulam-682 037

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to realize Rs.1,87,348 from the defendant and from his assets.
Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.1,87,348 from the defendant and from his assets.
Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.1,87,348 from the date of suit till date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.1,87,348 from the date of suit till date of decree from the defendant and from his assets.
Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.1,87,348 from date of decree till date of realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.1,87,348 from date of decree till date of realization from the defendant and from his assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant and from his assets.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Certified copy of Power of Attorney dated 10.04.2018 used to establish the authority of the plaintiff's representative.
Reference:
Ext.A1
Document Type: Preliminary Credit Facility Application
Submitted By: Plaintiff
Relevance:
Original preliminary credit facility application form dated 22.02.2023 submitted as evidence of the loan agreement.
Reference:
Ext.A2
Document Type: Credit Facility Application
Submitted By: Plaintiff
Relevance:
Original credit facility application form dated 22.02.2023 presented to support the plaintiff's claim.
Reference:
Ext.A3
Document Type: Key Fact Statement
Submitted By: Plaintiff
Relevance:
Original of key fact statement and most important information dated 22.02.2017 included as part of the loan documentation.
Reference:
Ext.A4
Document Type: Loan recall notice
Submitted By: Plaintiff
Relevance:
Copy of loan recall notice dated 14.04.2018 demanding the outstanding amount as evidence of the default.
Reference:
Ext.A5
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Printout of statement of account as on 11.09.2018 along with certification to show the amounts due.
Reference:
Ext.A6
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
The unrebutted oral testimony of PW1 that established the plaintiff's case as pleaded.
Reference:

Quick Facts

Location
Ernakulam
Case Filed
Thu, 02/22/2018 - 12:00
Outcome Confidence
85%

Involved Entities

Bank

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