Case Summary
The plaintiff, IDBI Bank Limited, is seeking to recover a defaulted loan amount from the defendants, a group of individuals who jointly borrowed the money for agricultural activities. The defendants failed to repay the loan and have been deemed jointly and severally liable.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.4,75,646.52/- along with interest @11% and 2% penal interest per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, requiring the defendants to repay the loan amount along with interest. The defendants were found jointly liable for the repayment.
Why Plaintiff Won:
The plaintiff established a case through unchallenged documents that showed the defendants availed a loan and defaulted in repayment.
The plaintiff established a case through unchallenged documents that showed the defendants availed a loan and defaulted in repayment.
Losing Side's Weaknesses:
The plaintiff established a case through unchallenged documents that showed the defendants availed a loan and defaulted in repayment.
The plaintiff established a case through unchallenged documents that showed the defendants availed a loan and defaulted in repayment.
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.4,75,646.52/- with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.4,75,646.52/- (Rupees Four lakhs seventy five thousand six hundred forty six and fifty two paise only) along with interest @11% and 2% penal interest per annum from the date of suit 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Limited
- Party Role
- Defendant
- Party Name
- Kudumbasree Div 7 NHG 16 Jyothis
- Party Role
- Defendant
- Party Name
- Mary Jasmine
- Party Age
- 55
- Relation
- W/o Joseph T V
- Party Role
- Defendant
- Party Name
- Sini
- Party Age
- 43
- Relation
- W/o Augustine
- Party Role
- Defendant
- Party Name
- Tani Lloyed
- Party Age
- 33
- Relation
- W/o Llyoed Cleetus
- Party Role
- Defendant
- Party Name
- Stinia V S
- Party Age
- 27
- Relation
- W/o Stephen
Plaintiffs Documents
Ext.A1 loan agreement, Ext.A2 sanction letter, Ext.A3 inter-se agreement, Ext.A4 statement of account, Ext.A5 loan recall notice, Ext.A6 postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paulochan Antony
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hidha Fathima
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Girish R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall pay Rs.4,75,646.52/- with interest.
Evidence:
Defendants shall pay Rs.4,75,646.52/- along with interest @11% and 2% penal interest per annum from the date of suit 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 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 entitled to realize 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:
Shows that defendants availed term loan of Rs.10,00,000/- for agricultural activities.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Issued by plaintiff bank regarding the loan.
Reference:
Ext.A2
Document Type:
Irrevocable and unconditional personal guarantee through an Inter-Se agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendants as part of the loan agreement.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Indicates the defendants have defaulted in repayment of the loan.
Reference:
Ext.A4
Document Type:
Loan recall notice
Submitted By:
Plaintiff
Relevance:
Issued to defendants directing them to repay the outstanding amount.
Reference:
Ext.A5
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Related to the loan recall notice.
Reference:
Ext.A6
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 rent
Case Code
Case between IDBI Bank Limited vs Kudumbasree Div 7 NHG 16 Jyothis et al regarding realization of money
Case Code Year
Case between IDBI Bank Limited vs Kudumbasree Div 7 NHG 16 Jyothis et al regarding realization of money