Case Summary
M/s. ICICI Bank Ltd. is seeking recovery of dues from Kisamt Road Carriers and its proprietor, Lincy Joseph. The suit arises from an overdraft facility extended to the defendants that became irregular due to non-repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs. 5,44,599 together with future interest at the rate of 9% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaint averments stand proved through unrebutted evidence presented by the plaintiff.
The plaint averments stand proved through unrebutted evidence presented by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs. 5,44,599 together with future interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
M/s. ICICI Bank Ltd. (Age not specified years)
Zonal Office, Pushpamangalam Estates, NH Bye Pass, Edappalli
Defendants
Kisamt Road Carriers (Age not specified years)
Falcon Truck Terminal, Room No. 55/67, Puthiya road Junction, Udyogmandal P.O, Kochi 683 504
Lincy Joseph (43 years)
Kathiraparambil House, South Kalamassery, Ernakulam
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff bank to recover Rs. 5,44,599 along with interest.
Evidence:
The plaintiff bank is allowed to recover Rs. 5,44,599 together with future interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff bank entitled to recover costs of the suit.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of Power of Attorney evidencing the plaintiff's authority.
Reference:
Ext.A1
Document Type:
Roaming Project Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the terms of the overdraft facility provided to the defendants.
Reference:
Ext.A2
Document Type:
Loan recall notice
Submitted By:
Plaintiff
Relevance:
True copy of the notice sent to the defendants recalling the loan.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document showing the outstanding dues of the defendants.
Reference:
Ext.A4