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O.S. No. 56/2024

Case between IDBI Bank Limited vs Kudumbashree Div 5 NHG 50 Alif et al regarding realization of money.

Court
II Additional Munsiff Court
Judge
Smt. Needi. K. Dinamany
Order Date
2024-11-20
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

IDBI Bank Limited filed a suit against Kudumbashree Div 5 NHG 50 Alif and its members for recovery of a loan amount due to default in repayment. The defendants availed a loan of Rs.10,00,000 but failed to repay, leading to the suit.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay Rs.6,00,161.98 along with interest due to their default in loan repayment.
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs.6,00,161.98 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay Rs.6,00,161.98 along with interest due to their default in loan repayment.
Why Plaintiff Won:
The plaintiff established a case for recovery of the loan with evidence of default.
Losing Side's Weaknesses:
The plaintiff established a case for recovery of the loan with evidence of default.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.6,00,161.98/- with interest from defendants.

Judgment Evidence:

In the result, suit is decreed as follows: Defendants shall pay Rs.6,00,161.98/- ... to plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
IDBI Bank Limited
Relation
Represented by
Party Role
Defendant
Party Name
Kudumbashree Div 5 NHG 50 Alif
Party Role
Defendant
Party Name
Kudumbashree Div 5 NHG 50 Alif
Relation
represented by
Party Role
Defendant
Party Name
Thansi C S
Party Age
33
Relation
C/o
Party Role
Defendant
Party Name
Sajida Aslam
Party Age
41
Relation
W/o
Party Role
Defendant
Party Name
Koulath
Party Age
34
Relation
W/o
Plaintiffs Documents
Letter of intent/sanction, Inter-se agreement, Articles of loan agreement, Demand promissory note, Lawyer notice, Statement of account
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Jaykar K S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ramya Jaykar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Padmapriya P
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff's request to recover Rs.6,00,161.98/- along with interest.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.6,00,161.98/- with interest from defendants.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff entitled to realize costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Letter of intent
Submitted By: Plaintiff
Relevance:
Document evidencing the loan sanctioned to the defendants.
Reference:
Ext.A1
Document Type: Inter-se Agreement
Submitted By: Plaintiff
Relevance:
Agreement executed by the members of the Self Help Group regarding the loan.
Reference:
Ext.A2
Document Type: Articles of Loan Agreement
Submitted By: Plaintiff
Relevance:
Documents outlining the terms of the loan granted to the defendants.
Reference:
Ext.A3
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Promissory note signed by the defendants agreeing to repay the loan.
Reference:
Ext.A4
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice issued to the defendants requesting repayment of the outstanding loan.
Reference:
Ext.A5
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Account statement showing defendants' loan repayment status and NPA declaration.
Reference:
Ext.A6

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of Loan
Case Code
Case between IDBI Bank Limited vs Kudumbashree Div 5 NHG 50 Alif et al regarding realization of money.
Case Code Year
Case between IDBI Bank Limited vs Kudumbashree Div 5 NHG 50 Alif et al regarding realization of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 12/02/2021 - 12:00
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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