Case Summary
The plaintiff, ICICI Bank Ltd, is seeking to recover an outstanding loan amount from the defendant, Noushad K, who failed to repay the borrowed sum with interest. The case involves a credit facility taken by the defendant that has not been serviced as per the agreed terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.7,77,540.78/- together with interest at the rate of 6% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding amount due from the defendant along with interest. The defendant failed to present a defense.
Why Plaintiff Won:
The plaintiff succeeded due to the absence of rebuttal evidence from the defendant.
The plaintiff succeeded due to the absence of rebuttal evidence from the defendant.
Losing Side's Weaknesses:
The plaintiff succeeded due to the absence of rebuttal evidence from the defendant.
The plaintiff succeeded due to the absence of rebuttal evidence from the defendant.
Supporting Evidence
By producing Exts.A1 to A6 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, The suit is decreed and the plaintiff is entitled to realise an amount of Rs.7,77,540.78/- together with interest at the rate of 6% per annum from the date of suit till the realization from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- ICICI Bank Ltd
- Party Role
- Defendant
- Party Name
- Noushad K
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Preliminary Credit Facility application, Credit facility application form, Copy of power of attorney, Statement of accounts for the period from 28/02/2019 to 15/12/2022, Copy of Loan Recall Notice, Copy of Speed Post postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rajeev C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sowfiuar. I.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount due from the defendant.
Evidence:
the plaintiff is entitled to realise an amount of Rs.7,77,540.78/- (Rupees Seven Lakhs Seventy Seven Thousand Five Hundred Forty and Seventy Eight Paise Only) together with interest at the rate of 6% per annum from the date of suit till the realization from the defendant and his assets, with costs.
Documents & Evidence
Document Type:
Preliminary Credit Facility Application
Submitted By:
Plaintiff
Relevance:
This document was submitted to show the initial credit facility application made by the defendant.
Reference:
Ext.A1
Document Type:
Credit Facility Application Form
Submitted By:
Plaintiff
Relevance:
This document is the application form for the credit facility utilized by the defendant.
Reference:
Ext.A2
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document designates the representative authorized to act for the plaintiff in this case.
Reference:
Ext.A3
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document details the loan account transactions and outstanding dues of the defendant.
Reference:
Ext.A4
Document Type:
Loan recall notice
Submitted By:
Plaintiff
Relevance:
This document contains the notice sent to the defendant demanding payment of the overdue loan.
Reference:
Ext.A5
Document Type:
Speed Post postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the sending of the Loan Recall Notice to the defendant.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between ICICI Bank Ltd vs Noushad K regarding realisation of money
Case Code Year
Case between ICICI Bank Ltd vs Noushad K regarding realisation of money