Case Summary
This case involves M/s. ICICI Bank Ltd. seeking to recover an outstanding loan amount from the defendant, Aneesha Rasheed. The bank claims that the defendant defaulted on her business personal loan and owes ₹8,26,652.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of ₹8,26,652 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay the outstanding amount of ₹8,26,652 along with interest. The plaintiff is also entitled to costs from the defendant.
Why Plaintiff Won:
The evidence presented by the plaintiff was uncontested and clearly established the defendant's liability.
The evidence presented by the plaintiff was uncontested and clearly established the defendant's liability.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was uncontested and clearly established the defendant's liability.
The evidence presented by the plaintiff was uncontested and clearly established the defendant's liability.
Supporting Evidence
There is no reason to disbelieve the evidence of PW1. I am of the opinion that the suit is to be decreed in favour of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 8,26,652/- (Rupees eight lakhs twenty six thousand six hundred and fifty two only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. ICICI Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Aneesha Rasheed
- Party Age
- 34
- Relation
- D/o
Plaintiffs Documents
Certified copy of Power of Attorney, Preliminary Credit Facility Application Form dated 12.07.2017, Credit Facility Application Form dated 12.07.2017, Loan Recall Notice dated 20.04.2019, Account Statement along with IT Certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Lal K Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. Muraleedharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chacko Mathews. K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anzil Salim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Luxy T.A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sethu Krishna R.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manuel K.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The court ordered the defendant to pay the outstanding loan amount of ₹8,26,652/- along with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 8,26,652/- (Rupees eight lakhs twenty six thousand six hundred and fifty two only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant and her assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The court granted the plaintiff the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Certified Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of the plaintiff's representative to act on behalf of the bank.
Reference:
Ext.A1
Document Type:
Preliminary Credit Facility Application form
Submitted By:
Plaintiff
Relevance:
This form was submitted by the defendant to apply for the business loan.
Reference:
Ext.A2
Document Type:
Credit Facility Application Form
Submitted By:
Plaintiff
Relevance:
This document outlines the specific terms of the credit facility extended to the defendant.
Reference:
Ext.A3
Document Type:
Loan recall notice
Submitted By:
Plaintiff
Relevance:
This notice demanded repayment of the outstanding loan amount.
Reference:
Ext.A4
Document Type:
Account statement along with IT Certificate
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the outstanding amount owed by 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
Non-payment of rent
Case Code
Case between M/s. ICICI Bank Ltd. vs Aneesha Rasheed regarding realisation of money.
Case Code Year
Case between M/s. ICICI Bank Ltd. vs Aneesha Rasheed regarding realisation of money.