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O.S No. 786/2022

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

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-12-06
Duration

Judgement document from eCourt website

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Case Summary

The plaintiff, IDBI Bank Limited, filed a suit against multiple defendants for the recovery of loan amounts. The defendants failed to repay the loans, leading to legal action by the bank.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, ordering the defendants to pay a sum of ₹4,57,859.65 with interest for unpaid loans. Various defendants were declared ex parte due to failure to respond.
Judgment Favored
Plaintiff
Relief Granted
Ordered defendants (except the sixth and fourth defendants) to pay the plaintiff an amount of ₹4,57,859.65 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved their case through uncontested evidence and established the defendants' liability.

Judgment Evidence:

In the result, the suit is decreed as follows: The defendants (except the sixth and fourth defendants) are directed to pay to the plaintiff, an amount of 4,57,859.65/- (Rupees four lakhs fifty seven thousand eight hundred and fifty nine and sixty five paise only) 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 sixth and fourth defendants) or their assets.

Parties Involved

Plaintiffs

IDBI Bank Limited (Age not specified years) Having its registered office & IDBI Tower, WTC, Complex, Cuffe Parade, Mumbai- 400005 and having Breath office at Tripunithura.

Defendants

KUDUMBASREE DIV 5 NHG 44 ASWATHY (Age not specified years) C/o. CDS Kudumbasree, Kochi Corporation, Affliation No.414/04 - 682 001 Smt. Sunitha H (38 years) 5/350, Valiyakathu House, Banglavu Parambu, Newroad, Mattancherry, Ernakulam – 682 002. Smt. Sefiya C (60 years) 6/1532, Marthandamparambu, Mattancherry, Emakulam – 682 002. Smt. M K Zainaba (64 years) Nariyamparambu, Pattalam Road, Fort Kochi, Emakulam - 682 001. Smt. Sumaya Najeeb (32 years) 2/366 Calvathy, Fort Kochi, Ernakulam – 682 001.

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to recover Rs. 4,57,859.65 from the defendants with interest.
Evidence:
I am of the opinion that the defendants owe a total amount of 4,57,859.65/- to the plaintiff.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendants.

Documents & Evidence

Document Type: Articles of Loan Agreement
Submitted By: Plaintiff
Relevance:
Document evidencing the loan agreement between the plaintiff and defendants.
Reference:
Ext.A1
Document Type: Sanction letter
Submitted By: Plaintiff
Relevance:
Document confirming the sanction of the loan.
Reference:
Ext.A2
Document Type: Inter-se-Agreement
Submitted By: Plaintiff
Relevance:
Document detailing the inter-se agreement related to the loan.
Reference:
Ext.A3
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Computer printout showing the statement of account for the loan period.
Reference:
Ext.A4
Document Type: Office copy of legal notice
Submitted By: Plaintiff
Relevance:
Legal notice served to the defendants regarding the loan repayment.
Reference:
Ext.A5

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
90%

Involved Entities

Bank

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