Case Summary
The plaintiff, IDBI Bank Limited, is seeking to recover a loan amount from the defendant, Smt. Marykutty Joseph, who failed to repay a loan taken for agricultural purposes. Despite several notices and settlements offered by the bank, the defendant did not repay the loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to repay ₹1,90,419/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendant to repay the plaintiff an amount of ₹1,90,419/- with interest.
Why Plaintiff Won:
The plaintiff proved that the defendant borrowed money and failed to repay it as per the loan agreement.
The plaintiff proved that the defendant borrowed money and failed to repay it as per the loan agreement.
Losing Side's Weaknesses:
The plaintiff proved that the defendant borrowed money and failed to repay it as per the loan agreement.
The plaintiff proved that the defendant borrowed money and failed to repay it as per the loan agreement.
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 28.09.2015 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 ₹1,90,419/- (Rupees One Lakh Ninety Thousand Four Hundred and Nineteen 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI BANK LIMITED
- Party Role
- Defendant
- Party Name
- Smt. Marykutty Joseph
- Party Age
- 59
- Relation
- W/o
Plaintiffs Documents
Copy of loan application dated 28.09.2015, Copy of letter of intent, Copy of hypothecation cum loan agreement, Copy of demand promissory note, Copy of recall notice.
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 an amount of ₹1,90,419/- to the plaintiff bank.
Evidence:
Therefore, I am of the view that plaintiff is entitled to realize the costs of the suit from the defendant.
Relief Type:
Legal Costs
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.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Copy of loan application showing the defendant's request for a loan.
Reference:
Ext.A1
Document Type:
Letter of intent
Submitted By:
Plaintiff
Relevance:
Copy of letter of intent confirming the loan agreement.
Reference:
Ext.A2
Document Type:
Hypothecation cum loan agreement
Submitted By:
Plaintiff
Relevance:
Copy of the hypothecation cum loan agreement executed by the defendant.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Copy of demand promissory note for the loan amount.
Reference:
Ext.A4
Document Type:
Demand promissory note delivery letter
Submitted By:
Plaintiff
Relevance:
Copy of the delivery letter for the demand promissory note.
Reference:
Ext.A5
Document Type:
Letter of authority
Submitted By:
Plaintiff
Relevance:
Copy of letter of authority related to the loan transaction.
Reference:
Ext.A6
Document Type:
Declaration of Borrower
Submitted By:
Plaintiff
Relevance:
Copy of the declaration made by the borrower.
Reference:
Ext.A7
Document Type:
Disbursement Letter
Submitted By:
Plaintiff
Relevance:
Copy of the letter confirming loan disbursement.
Reference:
Ext.A8
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
Recall notice informing the borrower about the loan repayment.
Reference:
Ext.A9
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card regarding the notice sent to the defendant.
Reference:
Ext.A10
Document Type:
Offer and Acceptance for Settlement
Submitted By:
Plaintiff
Relevance:
Document showing the offer for settlement accepted by the defendant.
Reference:
Ext.A11
Document Type:
Sanction for One Time Settlement
Submitted By:
Plaintiff
Relevance:
Sanction document related to the one time settlement for loan repayment.
Reference:
Ext.A12
Document Type:
Notice U/s 91 of Cr.P.C
Submitted By:
Plaintiff
Relevance:
Copy of the notice issued under Section 91 of Cr.P.C against the defendant.
Reference:
Ext.A13
Document Type:
Certified copy of Account Ledger
Submitted By:
Plaintiff
Relevance:
Certified copy of account ledger showing the defendant's loan defaults.
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. Marykutty Joseph regarding realisation of money
Case Code Year
Case between IDBI BANK LIMITED vs Smt. Marykutty Joseph regarding realisation of money