Case Summary
The plaintiff, M/s. ICICI Bank Ltd., is seeking recovery of a loan amount from the defendants Sagar.T.Joy and T.D Joy. The defendants contend that they are not liable to pay the amounts claimed due to prior consumer forum rulings.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit for recovery of the loan amount is dismissed.
Key Reasoning:
The suit is barred under the principle of res judicata due to previous rulings.
The suit is barred under the principle of res judicata due to previous rulings.
Why Defendant Won:
The suit is barred under the principle of res judicata due to previous rulings.
The suit is barred under the principle of res judicata due to previous rulings.
Supporting Evidence
This suit is barred under Section 11 Explanation VIII of the Civil Procedure Code. Hence the suit is not maintainable.
Judgment Evidence:
In the result, the suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. ICICI Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sagar.T.Joy
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T.D Joy
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Home Loan Application Form, Home Equity Loan Agreement, various property documents.
Defendants Documents
Copy of the version filed by the plaintiff in C.C No. 805/2015, Order of the Hon’ble Consumer Disputes Redressal Forum.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Lal.K.Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P Muraleedharan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Luxy T.A
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shereena A.A
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- George Cherian Karippaparambil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajesh Cherian Karippaparambil
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiff sought recovery of Rs. 8,84,469/- from the defendants.
Evidence:
The suit is dismissed. No costs.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document authorizing the Debt Manager to act on behalf of ICICI Bank.
Reference:
Ext.A1
Document Type:
Home Loan Application Form
Submitted By:
Plaintiff
Relevance:
Application submitted by the defendants for a home loan.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale deed indicating the property securring the loan.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Another sale deed related to the property.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Additional sale deed securing the loan.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Receipt showing the tax payment for the property.
Reference:
Ext.A6
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Receipt showing the property tax payment by the defendants.
Reference:
Ext.A7
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Certificate indicating possession of the property.
Reference:
Ext.A8
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Certificate indicating encumbrances on the property.
Reference:
Ext.A9
Document Type:
Home Equity Loan Agreement
Submitted By:
Plaintiff
Relevance:
Loan agreement detailing the terms and conditions of the home loan.
Reference:
Ext.A11
Document Type:
Amortisation Statement
Submitted By:
Plaintiff
Relevance:
Statement detailing the amortization of the loan.
Reference:
Ext.A12
Document Type:
Loan recall notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants about the outstanding loan amount.
Reference:
Ext.A17
Document Type:
Loan recall notice
Submitted By:
Plaintiff
Relevance:
A true copy of the Loan Recall Notice.
Reference:
Ext.A17(a)
Document Type:
Copy of Version
Submitted By:
Defendant
Relevance:
Version filed by the plaintiff in the consumer case, relevant to the current suit.
Reference:
Ext.B1
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order of Consumer Disputes Redressal Forum regarding the loan.
Reference:
Ext.B2
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order of Debt Recovery Tribunal regarding the corresponding securitization application.
Reference:
Ext.B3
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 Sagar.T.Joy et al regarding recovery of money
Case Code Year
Case between M/s. ICICI Bank Ltd. vs Sagar.T.Joy et al regarding recovery of money