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O.S. No. 916/2024

Case between IDBI Bank Ltd vs Kudumbasree Div 9 NHG et al regarding realization of money

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR.
Order Date
2024-12-11
Duration
approximately-2 years 10 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The case involves IDBI Bank Ltd seeking repayment from Kudumbasree Div 9 NHG and its members for a defaulted loan. The court found the defendants failed to appear, leading to an ex-parte decision in favor of the bank.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of IDBI Bank Ltd, allowing them to recover the loan amount along with interest and costs from the defendants. The court found the claims of the plaintiff to be uncontroverted.
Judgment Favored
Plaintiff
Relief Granted
Rs.3,96,571.93/- along with interest at specified rates
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully established the case with supporting evidence and testimonies.

Judgment Evidence:

In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.3,96,571.93/- from the defendants and from their assets.

Parties Involved

Plaintiffs

IDBI Bank Ltd (Age not specified years) Mampilly Plaza, East Fort Junction, Hill Palace Road, Tripunithura, Emakulam, Kerala-682301

Defendants

Kudumbasree Div 9 NHG 30 ANGEL (Age not specified years) C/o. CDS Kudumbasree, Kochi Corporation, Affiliation No: 412/4-682 001 Kappithan Parambil Santhyav Salomi (54 years) 1/11043, Panayappilly road, Mattancherry, Ernakulam, Kerala-682.002 Varna.P.P. (54 years) Panthara Nikarthil, Palluruthy, Kerala 682 006 Heizal Baby (21 years) 10/684, Kallanchjerry House Amaravathy, Fortkochi, Ernakulam, Kerala-682001 Sunitha (32 years) 15/756, Kandathichira, Edakochi, Pambayimoola, Palluruthy, Ernakulam, Kerala-682002

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover an amount of Rs.3,96,571.93/- from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.3,96,571.93/- from the defendants and from their assets.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize interest at 11% per annum from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 11% per annum for Rs.3,96,571.93/- from the date of suit till date decree.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize interest at 6% per annum from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.3,96,571.93/- from date of decree till date of realization.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants.

Documents & Evidence

Document Type: Original loan agreement
Submitted By: Plaintiff
Relevance:
This document establishes the terms of the loan provided by the plaintiff to the defendants.
Reference:
Ext.A1
Document Type: Original Sanction letter
Submitted By: Plaintiff
Relevance:
This document confirms the approval of the loan by the plaintiff.
Reference:
Ext.A2
Document Type: Original Inter-Se agreement
Submitted By: Plaintiff
Relevance:
This document binds all members of the Joint Liability Group to the loan repayment.
Reference:
Ext.A3
Document Type: Account statement along with certification
Submitted By: Plaintiff
Relevance:
This document provides the financial details related to the loan account during the specified period.
Reference:
Ext.A4
Document Type: Copy of loan recall notice
Submitted By: Plaintiff
Relevance:
This document details the formal demand for repayment issued to the defendants.
Reference:
Ext.A5
Document Type: Original postal receipts
Submitted By: Plaintiff
Relevance:
These documents serve as evidence of service of the loan recall notice.
Reference:
Ext.A6 series

Quick Facts

Location
Ernakulam
Case Filed
Mon, 01/31/2022 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

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