Case Summary
The case involves IDBI Bank Limited suing the Kudumbasree Self Help Group and its members for non-repayment of a term loan of Rs.10,00,000. The defendants defaulted on their repayment obligations, leading the bank to seek recovery of the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.1,48,668.91/- along with interest @11% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of IDBI Bank Limited, allowing them to recover the outstanding loan amount from the defendants. The defendants were held liable for the non-repayment of the loan.
Why Plaintiff Won:
The plaintiff established a case for recovery of the loan amount due to defaults by the defendants.
The plaintiff established a case for recovery of the loan amount due to defaults by the defendants.
Losing Side's Weaknesses:
The plaintiff established a case for recovery of the loan amount due to defaults by the defendants.
The plaintiff established a case for recovery of the loan amount due to defaults by the defendants.
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.1,48,668.91/- with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.1,48,668.91/- along with interest @11% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Limited
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Kudumbasree DIV 8 NHG 9 Kudumbini
- Party Role
- Defendant
- Party Name
- Omana Paulose
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jessy John
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Seena Gabriel
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mini Linson
- Party Age
- 47
- Relation
- W/o
Plaintiffs Documents
Letter of intent/sanction dated 21.12.2019, Inter-se Agreement dated 21.12.2019, Articles of Loan agreement for financing Self Help Group dated 21.12.2019, Demand promissory note dated 21.12.2019, Copy of recall notice dated 10.01.2024, Statement of account along with certificate under Banker’s book Evidence Act.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jaykar K S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ramya Jaykar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Padmapriya P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,48,668.91 along with interest from defendants.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,48,668.91/- with interest from defendants.
Relief Type:
Recovery
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:
Recovery
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Letter of intent
Submitted By:
Plaintiff
Relevance:
This document establishes the initial agreement for the loan availed by the defendants.
Reference:
Ext.A1
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the responsibilities of the members of the Self Help Group regarding the loan.
Reference:
Ext.A2
Document Type:
Articles of Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document details the terms and conditions of the loan agreement for the Self Help Group.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note serves as a formal acknowledgment of the debt and the promise to pay by the defendants.
Reference:
Ext.A4
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the defendants requesting the repayment of the outstanding loan amount.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides a summary of the loan account and confirms the defendants' default on repayments.
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 Loan
Case Code
Case between IDBI Bank Limited vs Kudumbasree DIV 8 NHG 9 Kudumbini et al regarding realization of money
Case Code Year
Case between IDBI Bank Limited vs Kudumbasree DIV 8 NHG 9 Kudumbini et al regarding realization of money