Case Summary
The plaintiff, IDBI Bank Ltd., has filed a suit against a joint liability group consisting of multiple defendants for the realization of an outstanding loan amount. The defendants defaulted on a term loan, and the bank seeks payment of the due amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A sum of Rs.8,23,903.12 with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendants to pay an amount of Rs.8,23,903.12 along with interest. The defendants are jointly and severally liable for the repayment of the loan.
Why Plaintiff Won:
Plaintiff has established a case for the recovery of the loan amount due from the defendants.
Plaintiff has established a case for the recovery of the loan amount due from the defendants.
Losing Side's Weaknesses:
Plaintiff has established a case for the recovery of the loan amount due from the defendants.
Plaintiff has established a case for the recovery of the loan amount due from the defendants.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.8,23,903.12/- with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1) A sum of Rs.8,23,903.12/- (Rupees Eight lakhs twenty three thousand nine hundred three and twelve paise only) is outstanding in the term loan account No.0137671100010991 and directing the defendant to pay the said sum...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Ltd.
- Party Role
- Defendant
- Party Name
- Kudumbashree DIV 11 NHG
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Omanadevi
- Party Age
- 61
- Relation
- W/o Sasi
- Party Role
- Defendant
- Party Name
- Anithakumary L
- Party Age
- 48
- Relation
- W/o P G Biju
- Party Role
- Defendant
- Party Name
- Sunisha Sudheesh
- Party Age
- 47
- Relation
- W/o Sudheesh N R
- Party Role
- Defendant
- Party Name
- Nijimon P N
- Party Age
- 43
- Relation
- S/o Narayanan P C
Plaintiffs Documents
Original loan agreement, original inter-se agreement, loan recall notice, registered lawyer notice, acknowledgment cards, original returned postal covers, statement of loan account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh Kumar K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Karthik Menon
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.8,23,903.12/- along with interest from the defendants.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.8,23,903.12/- with interest from defendants.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
The original loan agreement in respect of finance to Self Help Group (SHG) dated 30.12.2015.
Reference:
Ext.A1
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
The original inter-se agreement dated 30.12.2015.
Reference:
Ext.A2
Document Type:
Loan recall notice
Submitted By:
Plaintiff
Relevance:
The original loan recall notice dated 03.10.2018.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The office copy of the registered lawyer notice dated 10.08.2023.
Reference:
Ext.A4
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment cards (12 nos) indicating the defendants' receipt of notice.
Reference:
Ext.A5
Document Type:
Returned Postal Covers
Submitted By:
Plaintiff
Relevance:
The original of returned postal covers (3 nos) indicating non-delivery of notice.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement of the loan account along with certification under Bankers Book Evidence Act.
Reference:
Ext.A7
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. vs Kudumbashree DIV 11 NHG et al regarding realization of money.
Case Code Year
Case between IDBI Bank Ltd. vs Kudumbashree DIV 11 NHG et al regarding realization of money.