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O.S.No.843/2022

Case between IDBI Bank Limited vs Ashraya Kerala JLG Unit No. 10 Nila et al regarding realization of money.

Court
II Additional Munsiff Court
Judge
Smt. Maneesha K Bhadran
Order Date
2024-01-20
Duration
approximately-1 year 11 months

Judgement document from eCourt website

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Case Summary

IDBI Bank Limited filed a suit against Ashraya Kerala JLG Unit No. 10 Nila and its members for the recovery of a loan amounting to Rs. 5,05,615 with interest. The defendants defaulted on the repayment of the loan taken for agricultural activities.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the loan amount along with interest. The defendants failed to respond adequately to the proceedings.
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs. 5,05,615 along with interest at the rate of 11%.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case with unchallenged evidence and the defendants' default was evident.

Judgment Evidence:

In the result, suit is decreed as follows: Defendants shall pay Rs.5,05,615 along with interest @11% along with 2% penal interest per annum from 27.08.2022 till the date of decree.

Parties Involved

Plaintiffs

IDBI Bank Limited (Age not specified years) IDBI Tower, WTC, Complex, Cuffe Parade, Mumbai, Pin – 400 005, Branch at Tripunithura, Ernakulam, Kerala, Pin – 682 301

Defendants

Ashraya Kerala JLG Unit No. 10 Nila (Age not specified years) C/o Ashraya Kerala Charitable Society, Palluruthy, Ernakulam, Pin – 682 006 Binu Banu (24 years) Arakkathazathu, Arakunnam, Ernakulam, Pin – 682 313 Geetha.P.T. (47 years) Puthenparambil, Pazhgamthottam.P.O., Ernakulam, Pin – 683 565 Sujatha (46 years) Mekkimugal, Mazhuvannoor, Ernakulam, Pin – 686 669 Thankamma (55 years) Pashnikkulam, Pattimattom, Ernakulam, Pin – 683 562

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff sought recovery of Rs.5,05,615 along with interest from defendants.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.5,05,615 with interest from defendants.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Loan Agreement
Submitted By: Plaintiff
Relevance:
Executed between the plaintiff and defendant.
Reference:
Ext.A1
Document Type: Letter of intent
Submitted By: Plaintiff
Relevance:
Bearing reference number IBL/341/2016-17/184.
Reference:
Ext.A2
Document Type: Interse agreement
Submitted By: Plaintiff
Relevance:
Affecting the loan facility.
Reference:
Ext.A3
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Along with certificate under bankers book evidence act for the period specified.
Reference:
Ext.A4
Document Type: Loan recall notice
Submitted By: Plaintiff
Relevance:
Issued to defendants for repayment of outstanding amount.
Reference:
Ext.A5

Quick Facts

Location
Ernakulam
Case Filed
Sun, 02/27/2022 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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