Case Summary
The plaintiff, IDBI Bank Ltd, is seeking recovery of a loan amount from the defendants, who are part of a Joint Liability Group that defaulted on their loan repayment. The loan was sanctioned to support the defendants' business activities, but they failed to repay the amount despite demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of Rs.4,24,201.62 with interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with applicable interest from the defendants. The plaintiff's claim was found to be established based on the evidence presented.
Why Plaintiff Won:
The plaintiff successfully established the case based on the loan agreement and evidence of default.
The plaintiff successfully established the case based on the loan agreement and evidence of default.
Losing Side's Weaknesses:
The plaintiff successfully established the case based on the loan agreement and evidence of default.
The plaintiff successfully established the case based on the loan agreement and evidence of default.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A5 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize a sum of Rs.4,24,201.62 from the defendants 1 to 4, 6 to 11 and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Ashraya Kerala JLG Unit No. 8 Lakshmi
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Remya E. R
- Party Age
- 32
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Suja
- Party Age
- 37
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ambika
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Maneesh Scaria
- Party Age
- 26
- Relation
- D/o
Plaintiffs Documents
Original sanction letter dated 02.02.2017, Original inter-se-agreement dated 02.02.2017, Original loan agreement dated 02.02.2017, Recall notice dated 11.08.2022, Statement of account along with certification
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paulochan Antony P.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Padmapriya P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover a sum of Rs.4,24,201.62/- from the defendants.
Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize a sum of Rs.4,24,201.62/-(Rupees Four Lakh Twenty Four Thousand Two Hundred and One and Sixty Two Paise only) from the defendants 1 to 4, 6 to 11 and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 12% per annum on the awarded sum from the date of suit till date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12 % per annum for Rs.4,24,201.62/-(Rupees Four Lakh Twenty Four Thousand Two Hundred and One and Sixty Two Paise only) from the date of suit till date decree from the defendants 1 to 4, 6 to 11 and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to realize further interest @ 6% per annum from the date of decree till realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.4,24,201.62/-(Rupees Four Lakh Twenty Four Thousand Two Hundred and One and Sixty Two Paise only) from date of decree till date of realization from the defendants 1 to 4, 6 to 11 and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendants 1 to 4, 6 to 11 and from their assets.
Documents & Evidence
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the loan sanctioned to the defendants.
Reference:
Ext.A1
Document Type:
Original Inter-Se agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement among the defendants and their liability towards the loan.
Reference:
Ext.A2
Document Type:
Original loan agreement
Submitted By:
Plaintiff
Relevance:
This document details the loan terms including the amount, interest, and repayment schedule.
Reference:
Ext.A3
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
This document indicates the plaintiff's attempt to recover the overdue loan amount.
Reference:
Ext.A4
Document Type:
Statement of account along with certification
Submitted By:
Plaintiff
Relevance:
This document provides a summary of the loan account and payment history.
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
Recovery of money
Case Code
Case between IDBI Bank Ltd et al vs Ashraya Kerala JLG Unit No. 8 Lakshmi et al regarding realization of money
Case Code Year
Case between IDBI Bank Ltd et al vs Ashraya Kerala JLG Unit No. 8 Lakshmi et al regarding realization of money