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
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.5,53,558.54 along with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff has established a case with sufficient evidence.
Plaintiff has established a case with sufficient evidence.
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
Plaintiffs
IDBI Bank Limited (Age not specified years)
IDBI Tower, WTC, Complex, Cuffe Parade, Mumbai – 400 005
Defendants
Kudumbasree Div 5 NHG 24 Thulasi (Age not specified years)
C/o CDS Kudumbasree, Kochi Corporation, Affilation No. 414/04682 001
Smt. M.K. Sabitha (38 years years)
5/289, Kochuparambu, Mattancherry, Ernakulam, Pin – 682 002
Smt. U.N. Siji (35 years years)
2/123, Kalvathy, Puthiyaparambu, Ernakulam, Pin – 682 001
Smt. Ismail Lubina (42 years years)
2/1023, Muncipal Colony, Fortkochi, Ernakulam, Pin – 682 001
Smt. Safiya (66 years years)
5/302, Kochuparambu BSS Road, Mattancherry, Ernakulam, Pin – 682 002
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