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O.S. No.703/2022

Case between IDBI Bank Limited vs Kudumbasree Div 5 NHG 24 Thulasi et al regarding realization of money

Court
II Additional Munsiff Court, Ernakulam
Judge
Smt. Maneesha K Bhadran
Order Date
2024-04-03
Duration
approximately-6 years 3 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, IDBI Bank Limited, is seeking to recover Rs.5,53,558.54 along with interest from the defendants, who are members of a joint liability group. The defendants defaulted on a loan taken for agricultural activities.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, directing the defendants to pay the outstanding loan amount along with interest.
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.5,53,558.54 along with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendants to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
Plaintiff has established a case with sufficient evidence.
Losing Side's Weaknesses:
Plaintiff has established a case with sufficient evidence.
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.5,53,558.54 with interest from defendants.

Judgment Evidence:

In the result, suit is decreed as follows: 1) Defendants shall pay Rs.5,53,558.54 along with interest @11% and 2% penal interest per annum from 27.07.2022 till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
IDBI Bank Limited
Party Role
Defendant
Party Name
Kudumbasree Div 5 NHG 24 Thulasi
Relation
Represented by
Party Role
Defendant
Party Name
Smt. M.K. Sabitha
Party Age
38
Relation
W/o
Party Role
Defendant
Party Name
Smt. U.N. Siji
Party Age
35
Relation
W/o
Party Role
Defendant
Party Name
Smt. Ismail Lubina
Party Age
42
Relation
W/o
Party Role
Defendant
Party Name
Smt. Safiya
Party Age
66
Relation
W/o
Plaintiffs Documents
Loan agreement executed between the plaintiff and defendant, Sanction Letter, Inter-se Agreement, Statement of account, Office copy of the loan recall notice
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Paulson Antony.P.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Padmapriya.P.
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendants shall pay Rs.5,53,558.54 along with interest.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.5,53,558.54 along with interest @11% and 2% penal interest per annum from 27.07.2022 till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Relief Type: Other
Outcome: Granted
Description:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is 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:
Articles of loan agreement would show that defendants availed term loan of Rs.10,00,000 for agricultural activities on 21.12.2017.
Reference:
Ext.A1
Document Type: Sanction letter
Submitted By: Plaintiff
Relevance:
Ext.A2 is the sanction letter issued by plaintiff bank.
Reference:
Ext.A2
Document Type: Inter-se Agreement
Submitted By: Plaintiff
Relevance:
Ext.A3 is the inter-se agreement executed by 2nd to 11th defendants.
Reference:
Ext.A3
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Ext.A4 statement of account would show that defendants have defaulted in repayment of loan.
Reference:
Ext.A4
Document Type: Loan recall notice
Submitted By: Plaintiff
Relevance:
Ext.A5 is the office copy of the loan recall notice issued by the plaintiff.
Reference:
Ext.A5

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 Kudumbasree Div 5 NHG 24 Thulasi et al regarding realization of money
Case Code Year
Case between IDBI Bank Limited vs Kudumbasree Div 5 NHG 24 Thulasi et al regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 12/21/2017 - 12:00
Case Closed
From
Mon, 04/01/2024 - 12:00
To
Tue, 04/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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