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O.S. No. 120/2024

Case between IDBI Bank Limited vs Kudumbasree DIV 8 NHG 9 Kudumbini et al regarding realization of money

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Needi. K. Dinamany
Order Date
2024-11-20
Duration
Case Closed
Wed, 11/20/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 12/21/2019 - 12:00
Case Closed
Wed, 11/20/2024 - 12:00
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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