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O.S. No.980/2020

Case between M/s. ICICI Bank Ltd. vs Vijay Kumar P. regarding realization of money.

Court
THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR
Order Date
2024-10-01
Duration
approximately-6 years 9 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiff, M/s. ICICI Bank Ltd., is suing the defendant, Vijay Kumar P., for the recovery of a loan amount due to defaults in payments. The defendant failed to appear in court, and the case proceeded exparte.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, allowing them to recover the loan amount along with interest from the defendant.
Judgment Favored
Plaintiff
Relief Granted
Entitled to realize Rs.4,51,163 along with interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff's claim was established through unrebutted evidence and supported by the loan agreement.

Judgment Evidence:

In the result, suit is decreed as follows: 1. The plaintiff is entitled to realize Rs.4,51,163 from the defendant and from his assets.

Parties Involved

Plaintiffs

M/s. ICICI Bank Ltd. (Age not specified years) Zonal Office, Pushamangalam Estates NH byepass, Edappally, Ernakulam, Pin-682025. Vibin Sabu (29 years)

Defendants

Vijay Kumar P. (43 years) 31/112 E-1, 1st Floor, Junior Janatha Road, 1st Cross Near Cochin TVS Show room Ambilipadam Road, Vytilla, ernakulam-683594.

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to recover Rs.4,51,163/- from the defendant.
Evidence:
In the result, suit is decreed as follows: The plaintiff is entitled to realize Rs.4,51,163/- (Rupees four lakhs fifty one thousand one hundred and sixty three only) from the defendant and from his assets.
Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to interest at the rate of 12% per annum on the amount due from date of suit till date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.4,51,163/- from the date of suit till date of decree from the defendant and from his assets.
Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to interest at the rate of 6% per annum on the amount due from the date of decree till realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.4,51,163/- from date of decree till date of realization from the defendant and from his assets.
Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Filed to establish the authority of the representative of the plaintiff bank.
Reference:
Ext.A1
Document Type: Preliminary Credit Facility Application
Submitted By: Plaintiff
Relevance:
Original application showing the terms of the loan availed by the defendant.
Reference:
Ext.A2
Document Type: Credit Facility Application
Submitted By: Plaintiff
Relevance:
Original application indicating the conditions under which the loan was provided.
Reference:
Ext.A3
Document Type: Loan recall notice
Submitted By: Plaintiff
Relevance:
Notice issued to the defendant regarding loan repayment defaults.
Reference:
Ext.A4
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Document evidencing the amounts due and the terms of the outstanding loan.
Reference:
Ext.A5
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
The unrebutted oral testimony of the Principal Officer of the plaintiff bank.
Reference:

Quick Facts

Location
Ernakulam
Case Filed
Wed, 01/03/2018 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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