Case Summary
N.Sundaresan filed a petition against Indian Bank for a temporary injunction to prevent the bank from recovering an alleged overcharged loan amount. The plaintiff claimed that the bank's demand for Rs.2,19,292 was illegal since he only borrowed Rs.35,992.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The court dismissed the IA filed by N.Sundaresan, ruling that he failed to establish a prima facie case or prove that irreparable injury would occur if injunction was not granted.
Key Reasoning:
The plaintiff failed to prove a prima facie case and that the balance of convenience was in his favor.
The plaintiff failed to prove a prima facie case and that the balance of convenience was in his favor.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Here the plaintiff is failed to prove that he has a prima facie case and the balance of convenience is in his favour.
Judgment Evidence:
In the result, IA dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N.Sundaresan
- Party Role
- Defendant
- Party Name
- Indian Bank
- Relation
- represented by Officer, Karthika Muthailyar
Plaintiffs Documents
Passbook, Copy of Legal Demand Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G.Sudevan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- I.Sowfiuar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
To restrain the defendants from illegally recovering the disputed amount.
Evidence:
Therefore, the plaintiff is not entitled to get any relief as prayed for.
Documents & Evidence
Document Type:
Passbook
Submitted By:
Plaintiff
Relevance:
This document was mentioned to show the record of loan taken by the plaintiff from the defendant bank.
Reference:
Ext.A1
Document Type:
Legal Demand Notice
Submitted By:
Plaintiff
Relevance:
This notice was referenced to indicate the amount claimed by the bank from the plaintiff.
Reference:
Ext.A2
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.
Case Code Year
2024