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O.S. No.870/2022

Case between IDBI Bank Limited vs KUDUMBASREE DIV 18 NHG 18 SHANKUPUSHPAM et al regarding Realization Of Money

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2024-06-14
Duration
approximately-4 years

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiff, IDBI Bank Limited, is seeking repayment of a loan amount of Rs. 8,64,390.54 from the defendants, who are members of a Joint Liability Group. The defendants have defaulted on the loan repayment despite a recall notice being issued.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, allowing them to recover the loan amount along with interest and costs from the defendants. The case established that the defendants are jointly and severally liable for the repayment of the loan.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs. 8,64,390.54 with interest from the defendants
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established the loan agreement and the defendants' joint liability.

Judgment Evidence:

In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs. 8,64,390.54 from the defendants and from their assets.

Parties Involved

Plaintiffs

IDBI Bank Limited (Age not specified years) IDBI Tower, WTC, Complex, Cuffe Parade, Mumbai-400005

Defendants

KUDUMBASREE DIV 18 NHG 18 SHANKUPUSHPAM (Age not specified years) C/o CDS Kudumbasree, Kochi Corporation, Affliation No.412/04-682001 Agnes P.M. (46 years) 18/1551, Nalukandathil, Konam Road, Palluruthy, Ernakulam-682006 Cicily N C (39 years) 20/1394 C, Kannampally House, VVLP School Road, Konam, Palluruthy, Ernakulam-682006 Dhanuja Subhash (58 years) 18/1851, Thundiyil, Kannambally Lane Konam, Palluruthy, Ernakulam-682006 Sheela (44 years) Valel, Balelparambu, Palluruthy, Ernakulam-682006

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize Rs. 8,64,390.54 from the defendants and from their assets.
Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize Rs. 8,64,390.54 (Rupees Eight Lakhs Sixty Four Thousand Three Hundred Ninety and Fifty Four paise) from the defendants and from their assets.
Relief Type: Injunction
Outcome: Granted
Description:
Plaintiff is entitled to realize interest @ 11% per annum for Rs. 8,64,390.54 from the date of suit till date decree from the defendants and from their assets.
Evidence:
2. Plaintiff is entitled to realize interest @ 11% per annum for Rs. 8,64,390.54 (Rupees Eight Lakhs Sixty Four Thousand Three Hundred Ninety and Fifty Four paise) from the date of suit till date decree from the defendants and from their assets.
Relief Type: Injunction
Outcome: Granted
Description:
Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 8,64,390.54 from date of decree till date of realization from the defendants and from their assets.
Evidence:
3. Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 8,64,390.54 (Rupees Eight Lakhs Sixty Four Thousand Three Hundred Ninety and Fifty Four paise) from date of decree till date of realization from the defendants and from their assets.
Relief Type: Other
Outcome: Granted
Description:
Plaintiffs are entitled to realize costs of the suit from defendants and from their assets.
Evidence:
4. Plaintiffs are entitled to realize costs of the suit from defendants and from their assets.

Documents & Evidence

Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
This document is a true copy of the account statement dated 16.05.2022 produced along with the certification under the Bankers Books Evidence Act.
Reference:
Ext.A4
Document Type: Recall Notice
Submitted By: Plaintiff
Relevance:
This document is a true copy of the recall notice dated 25.05.2022 issued to the defendants.
Reference:
Ext.A5
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
The oral testimony of PW1 was mentioned as unchallenged and contributed to the court's conclusion.
Reference:

Quick Facts

Location
Ernakulam
Case Filed
Thu, 06/18/2020 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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