Case Summary
The plaintiff, Reebu Jacob Thomas, contends that he was wrongly associated with a loan obtained by his father from ICICI Home Finance Limited without his knowledge or consent. He seeks to rectify his credit report and prove he is not liable for the loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to recall credit information and payment of costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiff is neither a borrower nor a guarantor under the loan agreement, absolving him of any liabilities. It also ordered the defendants to recall all credit information concerning the plaintiff related to this loan.
Why Plaintiff Won:
The court found that the evidence presented by the plaintiff established that there was no loan transaction involving him.
The court found that the evidence presented by the plaintiff established that there was no loan transaction involving him.
Losing Side's Weaknesses:
The court found that the evidence presented by the plaintiff established that there was no loan transaction involving him.
The court found that the evidence presented by the plaintiff established that there was no loan transaction involving him.
Supporting Evidence
The unchallenged oral and documentary evidence is sufficient to grant a decree in favour of plaintiff.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) It is hereby declared that the plaintiff Mr. Reebu Jacob Thomas, is neither a borrower nor a guarantor under loan agreement No.NHKOM00000858084 dated March 30, 2016 and that said agreement is not binding against the plaintiff, absolving him of any legal or equitable liabilities therein; 2) Defendant are directed by a mandatory injunction to recall all credit information supplied to the Credit Information Bureau (India) Limited concerning the plaintiff...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Reebu Jacob Thomas
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Manager, ICICI Home Finance Limited
- Party Role
- Defendant
- Party Name
- ICICI Home Finance Limited
- Relation
- represented by its Manager
Plaintiffs Documents
Power of attorney, CIBIL report, legal notice, reply notice, writ petition, judgment in WP, counter affidavit, reply affidavit.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Praveen Hariharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smitha Praveen
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amal Dev D
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sneha M S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abhijith E R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff declared not to be a borrower or guarantor under the loan agreement.
Evidence:
It is hereby declared that the plaintiff Mr. Reebu Jacob Thomas, is neither a borrower nor a guarantor under loan agreement No.NHKOM00000858084 dated March 30, 2016 and that said agreement is not binding against the plaintiff, absolving him of any legal or equitable liabilities therein.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants directed to recall all credit information concerning the plaintiff linked to the loan agreement.
Evidence:
Defendant are directed by a mandatory injunction to recall all credit information supplied to the Credit Information Bureau (India) Limited concerning the plaintiff in connection with loan agreement no. 00000858084, dated March 30, 2016.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants ordered to pay costs of the suit to plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Shows that plaintiff’s father was authorized to represent the plaintiff in the proceedings.
Reference:
Ext.A1
Document Type:
CIBIL report
Submitted By:
Plaintiff
Relevance:
Pertains to the plaintiff and reveals erroneous credit information.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
A copy of the legal notice sent on behalf of the defendant bank.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Copy of the reply notice sent on behalf of the plaintiff.
Reference:
Ext.A4
Document Type:
Writ Petition
Submitted By:
Plaintiff
Relevance:
True copy of the writ petition filed in the High Court.
Reference:
Ext.A5
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
True copy of judgment in the related writ petition in the High Court.
Reference:
Ext.A6
Document Type:
Counter affidavit
Submitted By:
Plaintiff
Relevance:
Shows the counter affidavit filed by the first respondent in the writ petition.
Reference:
Ext.A7
Document Type:
Reply Affidavit
Submitted By:
Plaintiff
Relevance:
True copy of the reply affidavit filed to the counter affidavit in the writ petition.
Reference:
Ext.A8
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Unchallenged oral and documentary evidence is sufficient to grant a decree in favor of the plaintiff.
Reference:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Reebu Jacob Thomas vs ICICI Home Finance Limited regarding declaration and injunction
Case Code Year
Case between Reebu Jacob Thomas vs ICICI Home Finance Limited regarding declaration and injunction