Case Summary
IDBI Bank Limited initiated a suit against Kudumbasree Div5 NHG 56 Gazal and its members for recovery of a loan of Rs.8,97,583.08 along with interest, which the defendants defaulted on. The case concluded with the court granting the plaintiff's claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.8,97,583.08 along with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants must pay the plaintiff an amount of Rs.8,97,583.08 along with interest for the defaulted loan. The court also held that the defendants and their assets are liable to satisfy the decree debt.
Why Plaintiff Won:
The plaintiff established a case of loan default, supported by unchallenged evidence and documents.
The plaintiff established a case of loan default, supported by unchallenged evidence and documents.
Losing Side's Weaknesses:
The plaintiff established a case of loan default, supported by unchallenged evidence and documents.
The plaintiff established a case of loan default, supported by unchallenged evidence and documents.
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.8,97,583.08 with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.8,97,583.08 along with interest @11% along with 2% penal interest per annum from 02.08.2022 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 the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Limited
- Party Role
- Defendant
- Party Name
- Kudumbasree Div5 NHG 56 Gazal
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Ammoona.M.M.
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Fathima T.E.
- Party Age
- 24
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Asiya.A.S.
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sajmi Rajeesh
- Party Age
- 30
- Relation
- W/o
Plaintiffs Documents
Photocopy of the Interse Agreement, Photocopy of the Letter of intent/sanction letter, Photocopy of the Loan Agreement, Statement of account along with certificate under Banker’s book Evidence Act, Office copy of the Loan Recall notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paulochan Antony.P.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Padma Priya.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.S. Mizver
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Vinodkumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M.J. Kirankumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.K. Rakeshkumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested recovery of Rs.8,97,583.08 along with interest from defendants.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.8,97,583.08 with interest from defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are liable to satisfy the decree debt personally and with their assets.
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 entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
Executed articles of loan agreement for financing self help group.
Reference:
Ext.A1
Document Type:
Letter of intent/sanction letter
Submitted By:
Plaintiff
Relevance:
Relates to the loan provided to the defendants.
Reference:
Ext.A2
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms of the loan availed by the defendants.
Reference:
Ext.A3
Document Type:
Statement of account along with certificate under Banker’s book Evidence Act
Submitted By:
Plaintiff
Relevance:
Provides evidence of the outstanding amount and payment history.
Reference:
Ext.A4
Document Type:
Office copy of the Loan Recall notice
Submitted By:
Plaintiff
Relevance:
Notifies defendants about the repayment due.
Reference:
Ext.A5
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 Div5 NHG 56 Gazal et al regarding realization of money
Case Code Year
Case between IDBI Bank Limited vs Kudumbasree Div5 NHG 56 Gazal et al regarding realization of money