Case Summary
IDBI Bank Limited filed a suit against Sri. Joseph Antony for the recovery of a loan amount which the defendant failed to repay. The court found that the plaintiff is entitled to recover the outstanding amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to repay an amount of ₹1,91,890/- to the plaintiff bank with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to repay the loan amount with interest.
Why Plaintiff Won:
The plaintiff proved that the defendant had taken the loan and failed to repay it.
The plaintiff proved that the defendant had taken the loan and failed to repay it.
Losing Side's Weaknesses:
The plaintiff proved that the defendant had taken the loan and failed to repay it.
The plaintiff proved that the defendant had taken the loan and failed to repay it.
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 he failed to repay the same with interest.
Judgment Evidence:
In the result, the suit is decreed with costs as follows; Defendant is directed to repay an amount of ₹1,91,890/- to the plaintiff bank with interest.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI BANK LIMITED
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sri. Joseph Antony
- Party Age
- 64
- Relation
- S/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 postal acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Thomas Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Silvi Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to repay an amount of ₹1,91,890/- 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:
Interest
Outcome:
Granted
Description:
Interest @ 9.5% per annum from the date of the suit till the date of judgment.
Evidence:
Defendant is directed to repay an amount of ₹1,91,890/- with interest @ 9.5% per annum from the date of the suit till the date of judgment.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs from the defendant.
Evidence:
Therefore, I am of the view that 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 28.09.2015.
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
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 issued by the plaintiff.
Reference:
Ext.A9
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card.
Reference:
Ext.A10
Document Type:
Offer and Acceptance for Settlement
Submitted By:
Plaintiff
Relevance:
Offer and acceptance for settlement.
Reference:
Ext.A11
Document Type:
Sanction for One Time Settlement
Submitted By:
Plaintiff
Relevance:
Sanction for one-time settlement.
Reference:
Ext.A12
Document Type:
Notice U/s 91 Cr.P.C
Submitted By:
Plaintiff
Relevance:
Copy of notice under Section 91 of Cr.P.C.
Reference:
Ext.A13
Document Type:
Certified copy of Account Ledger
Submitted By:
Plaintiff
Relevance:
Certified copy of account ledger revealing default of 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
Recovery of money
Case Code
Case between IDBI BANK LIMITED vs Sri. Joseph Antony regarding realisation of money.
Case Code Year
Case between IDBI BANK LIMITED vs Sri. Joseph Antony regarding realisation of money.