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
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
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.
Why Plaintiff Won:
The plaintiff established the loan agreement and the defendants' joint liability.
The plaintiff established the loan agreement and the defendants' joint liability.
Losing Side's Weaknesses:
The plaintiff established the loan agreement and the defendants' joint liability.
The plaintiff established the loan agreement and the defendants' joint liability.
Supporting Evidence
Upon perusing the unchallenged oral testimony of PW1 and Ext. A4 to A5, I am of the view that plaintiff has established a case and the plaintiff is entitled to realize an amount of Rs. 8,64,390.54 with interest from the defendants.
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
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Limited
- Party Role
- Defendant
- Party Name
- KUDUMBASREE DIV 18 NHG 18 SHANKUPUSHPAM
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Agnes P.M.
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Cicily N C
- Party Age
- 39
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Dhanuja Subhash
- Party Age
- 58
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Sheela
- Party Age
- 44
- Relation
- W/o.
Plaintiffs Documents
True copy of account statement dated 16.05.2022, True copy of the recall notice dated 25.05.2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paulochan Antony P.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Padma Priya
- Appearance Type
- Main Counsel
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:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between IDBI Bank Limited vs KUDUMBASREE DIV 18 NHG 18 SHANKUPUSHPAM et al regarding Realization Of Money
Case Code Year
Case between IDBI Bank Limited vs KUDUMBASREE DIV 18 NHG 18 SHANKUPUSHPAM et al regarding Realization Of Money