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O.S No. 701/2022

Case between IDBI Bank Limited vs KUDUMBASREE DIV 5 NHG et al regarding realisation of money

Court
THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-12-21
Duration
approximately-2 years 10 days

Judgement document from eCourt website

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Case Summary

IDBI Bank Limited has filed a suit against KUDUMBASREE DIV 5 NHG and other defendants for the recovery of a loan amount that the defendants failed to repay. The court found the defendants liable for the payment.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendants (except for the second and third) are liable to pay the plaintiff an amount of ₹4,80,781.18 along with interest. If they fail to pay, the plaintiff can recover this amount from the defendants or their assets.
Judgment Favored
Plaintiff
Relief Granted
Payment of ₹4,80,781.18 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The case of the plaintiff stands proved due to uncontested evidence.

Judgment Evidence:

In the result, the suit is decreed as follows: The defendants (except the second and third defendants) are directed to pay to the plaintiff, an amount of 4,80,781.18/- with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants (except the second and third defendants) or their assets.

Parties Involved

Plaintiffs

Sri. Wilson Kuruvilla Mundupuzhakal (42 years) IDBI Bank Ltd., Mampilly Plaza, East Fort Junction, Hill Palace Road, Tripunithura, Ernakulam, Kerala – 682 301

Defendants

KUDUMBASREE DIV 5 NHG (Age not specified years) C/o CDS Kudumbasree, Kochi Corporation, Affiliation No. 414/04 – 682 001 Smt. Najuma.B (39 years) 5/321, Kochuparambu, Mattancherry, Ernakulam- 682 002 Smt. Shaharban (30 years) 5/314, Mullakkal House, Kochuparambu, Mattancherry, Ernakulam- 682 002 Smt. Jesmi K.S (20 years) 5/321, Kochuparambu, Mattancherry, Ernakulam - 682 002 Smt. Hayarunisa (40 years) 3/587 B, Vazhivakkil House, Natteparambu Minarva Junction, Mattancherry, Ernakulam – 682 002

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendants (except the second and third defendants) are directed to pay the plaintiff an amount of 4,80,781.18/- with interest.
Evidence:
I am of the opinion that the plaintiff is entitled to recover the same from the available defendants, with interest from the date of suit.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants (except the second and third defendants).
Evidence:
the plaintiff is entitled to the costs of the suit from the defendants (except the second and third defendants).

Documents & Evidence

Document Type: Articles of Loan Agreement
Submitted By: Plaintiff
Relevance:
This document was marked as evidence to support the plaintiff's claim regarding the loan agreement.
Reference:
Ext.A1
Document Type: Letter of intent
Submitted By: Plaintiff
Relevance:
This document was marked as evidence to support the plaintiff's claim regarding the loan agreement.
Reference:
Ext.A2
Document Type: Inter-se Agreement
Submitted By: Plaintiff
Relevance:
This document was marked as evidence to support the plaintiff's claim regarding the loan agreement.
Reference:
Ext.A3
Document Type: Computer printout of Statement of Account for the period from 20.02.2018 to 31.12.2020
Submitted By: Plaintiff
Relevance:
This document provided the financial details and outstanding amount owed by defendants.
Reference:
Ext.A4

Quick Facts

Location
Ernakulam
Case Filed
Sun, 12/11/2022 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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