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
The court has ruled in favor of the plaintiff, granting them the recovery of the outstanding amount against the defendants. The defendants are required to pay the outstanding dues along with interest.
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.
Losing Side's Weaknesses:
The plaint averments stand proved through unrebutted evidence presented by the plaintiff.
The plaint averments stand proved through unrebutted evidence presented by the plaintiff.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A4 documents the plaint averments stands proved. Hence the plaintiff bank is entitled to get a decree as prayed for.
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
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. ICICI Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kisamt Road Carriers
- Party Role
- Defendant
- Party Name
- Lincy Joseph
- Party Age
- 43
- Relation
- W/o
Plaintiffs Documents
Certified copy of Power of Attorney, Roaming Project Agreement, True copy of loan recall notice, Statement of account
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
- Luxy T.A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shereen A.A.
- Appearance Type
- Main Counsel
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
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 M/s. ICICI Bank Ltd. vs Kisamt Road Carriers et al regarding realisation of money
Case Code Year
Case between M/s. ICICI Bank Ltd. vs Kisamt Road Carriers et al regarding realisation of money