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O.S No. 432/2024

Case between I.D.B.I Bank Ltd. et al vs M/s. Stark Trading Company et al regarding realisation of money

Court
THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-02-01
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiff, I.D.B.I Bank Ltd., filed suit against defendants for not repaying a loan amount of ₹4,61,719.46. Defendants failed to file written statement and were set ex parte. Plaintiff's evidence was uncontested.

Judgment Outcome

Plaintiff Won
Interim Order
Defendants directed to pay plaintiff ₹4,61,719.46 with 6% interest per annum. Plaintiff entitled to costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Defendants directed to pay plaintiff ₹4,61,719.46 with 6% interest per annum. Plaintiff entitled to costs of the suit.
Why Plaintiff Won:
Plaintiff's evidence was uncontested and established the amount owed by defendants.
Losing Side's Weaknesses:
Plaintiff's evidence was uncontested and established the amount owed by defendants.
Supporting Evidence

Judgment Evidence:

Parties Involved

Parties

Party Role
Plaintiff
Party Name
I.D.B.I Bank Ltd.
Party Age
54
Relation
Represented by
Party Role
Defendant
Party Name
M/s. Stark Trading Company
Party Role
Defendant
Party Name
Udaya Menon
Party Age
65
Relation
W/o
Party Role
Defendant
Party Name
Laxmi Bharadwaj
Party Age
37
Relation
W/o
Plaintiffs Documents
Letter of intent, Hypothecation cum loan agreement, Demand Promissory note, Common Guarantee Deed, True copy of legal notice, Returned postal envelope, Computer print out of interest report for accounts
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
John Varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Jaykar K.S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ramya Jaykar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Padmapriya P
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Balu G
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Money and Loan Recovery
Outcome: Granted
Description:
Recovery of loan amount with interest
Evidence:
Suit is decreed to recover ₹4,61,719.46 with 6% interest

Documents & Evidence

Document Type: Letter of intent
Submitted By: Plaintiff
Relevance:
To establish the agreement terms
Reference:
Ext.A1
Document Type: Hypothecation cum loan agreement
Submitted By: Plaintiff
Relevance:
Loan agreement details
Reference:
Ext.A2
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Evidencing the loan amount
Reference:
Ext.A3
Document Type: Common Guarantee Deed
Submitted By: Plaintiff
Relevance:
Security for loan repayment
Reference:
Ext.A4
Document Type: True copy of legal notice
Submitted By: Plaintiff
Relevance:
Notice sent to defendants
Reference:
Ext.A5
Document Type: Returned Postal envelope
Submitted By: Plaintiff
Relevance:
Evidence of communication
Reference:
Document Type: Computer print out of interest report for accounts
Submitted By: Plaintiff
Relevance:
Financial calculation proof
Reference:

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between I.D.B.I Bank Ltd. et al vs M/s. Stark Trading Company et al regarding realisation of money
Case Code Year
Case between I.D.B.I Bank Ltd. et al vs M/s. Stark Trading Company et al regarding realisation of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
50%

Involved Entities

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