Case Summary
IDBI Bank Limited filed a suit against Smt. Asha S Panicker for the recovery of a loan amount. The defendant failed to repay the loan despite an agreement for settlement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to repay an amount of ₹1,89,438/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendant to repay ₹1,89,438/- to the plaintiff bank with interest. The costs of the suit must also be paid by the defendant.
Why Plaintiff Won:
Plaintiff has a cause of action against the defendant, and the evidence proved that the defendant defaulted on the loan repayment.
Plaintiff has a cause of action against the defendant, and the evidence proved that the defendant defaulted on the loan repayment.
Losing Side's Weaknesses:
Plaintiff has a cause of action against the defendant, and the evidence proved that the defendant defaulted on the loan repayment.
Plaintiff has a cause of action against the defendant, and the evidence proved that the defendant defaulted on the loan repayment.
Supporting Evidence
From the unrebutted evidence of PW1 and Exts.A1 to A14, it is proved that defendant borrowed an amount of ₹1,00,000/- from the plaintiff on 05.10.2015 and she failed to repay the same with interest.
Judgment Evidence:
In the result, the suit is decreed with costs as follows; 1) Defendant is directed to repay an amount of ₹1,89,438/-
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI BANK LIMITED
- Party Role
- Defendant
- Party Name
- Smt. Asha S Panicker
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Copy of loan application dated 05.10.2015, Copy of letter of intent, Copy of hypothecation-cum-loan agreement, Copy of demand promissory note, Copy of notice returned unclaimed.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thomas Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Silvi Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to repay the amount of ₹1,89,438/- to the plaintiff bank.
Evidence:
Therefore, the suit is decreed with costs as follows ; 1) Defendant is directed to repay an amount of ₹1,89,438/- (Rupees One Lakh Eighty Nine Thousand Four Hundred and Thirty Eight only) to the plaintiff bank with interest @ 9.5% per annum from the date of the suit till the date of judgment and thereafter @ 6% per annum till its realisation.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs from the defendant.
Evidence:
I do not find any reason to deviate from the said rule. Therefore, I am of the view that the plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Copy of loan application dated 05.10.2015.
Reference:
Ext.A1
Document Type:
Letter of intent
Submitted By:
Plaintiff
Relevance:
Copy of letter of intent.
Reference:
Ext.A2
Document Type:
Hypothecation-Cum-Loan Agreement
Submitted By:
Plaintiff
Relevance:
Copy of hypothecation-cum-loan agreement.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Copy of demand promissory note.
Reference:
Ext.A4
Document Type:
Demand promissory note delivery letter
Submitted By:
Plaintiff
Relevance:
Copy of demand promissory note delivery letter.
Reference:
Ext.A5
Document Type:
Letter of authority
Submitted By:
Plaintiff
Relevance:
Copy of letter of authority.
Reference:
Ext.A6
Document Type:
Declaration of Borrower
Submitted By:
Plaintiff
Relevance:
Copy of declaration of borrower.
Reference:
Ext.A7
Document Type:
Disbursement Letter
Submitted By:
Plaintiff
Relevance:
Copy of disbursement letter.
Reference:
Ext.A8
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
Recall notice dated 20.10.2020.
Reference:
Ext.A9
Document Type:
Notice returned unclaimed
Submitted By:
Plaintiff
Relevance:
Notice returned unclaimed.
Reference:
Ext.A10
Document Type:
Offer and Acceptance for Settlement
Submitted By:
Plaintiff
Relevance:
Offer and acceptance for settlement dated 23.11.2021.
Reference:
Ext.A11
Document Type:
Sanction for One Time Settlement
Submitted By:
Plaintiff
Relevance:
Sanction for one time settlement dated 28.10.2022.
Reference:
Ext.A12
Document Type:
Notice U/s 91 of Cr.P.C
Submitted By:
Plaintiff
Relevance:
Copy of notice u/s 91 of Cr.P.C in crime No.1133/20 of Pala Police Station.
Reference:
Ext.A13
Document Type:
Certified copy of Account Ledger
Submitted By:
Plaintiff
Relevance:
Certified copy of account ledger revealing default in repayment.
Reference:
Ext.A14
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Non-payment of rent
Case Code
Case between IDBI BANK LIMITED vs Smt. Asha S Panicker regarding realisation of money.
Case Code Year
Case between IDBI BANK LIMITED vs Smt. Asha S Panicker regarding realisation of money.