Case Summary
The plaintiff, IDBI Bank Ltd., filed a suit against the defendants for the recovery of a loan amounting to 16,72,247/- due to non-repayment. The first defendant availed a Kisan Credit Card loan and the second defendant acted as the guarantor, with the case being pursued after the account was declared Non-Performing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall recover from the defendants, jointly and severally, a sum of 16,72,247/- along with future interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount along with interest. The defendants were ordered to pay the stated sum or face the sale of the mortgaged property.
Why Plaintiff Won:
The execution of the loan documents and the defendants' default in repayment were established through robust evidence provided by the plaintiff.
The execution of the loan documents and the defendants' default in repayment were established through robust evidence provided by the plaintiff.
Losing Side's Weaknesses:
The execution of the loan documents and the defendants' default in repayment were established through robust evidence provided by the plaintiff.
The execution of the loan documents and the defendants' default in repayment were established through robust evidence provided by the plaintiff.
Supporting Evidence
The execution of the loan documents and the creation of the equitable mortgage stand proved through the unchallenged testimony of the plaintiff’s Branch Head and the documentary evidence.
Judgment Evidence:
In the result, the suit is decreed ex parte as follows: 1. The plaintiff, IDBI Bank Ltd., Thodupuzha Branch, shall recover from the defendants, jointly and severally, a sum of 16,72,247/- together with future interest at 10.15% per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Jomy K Jose
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Reeni Jose
- Party Age
- 38
- Relation
- W/o
Plaintiffs Documents
Application form for KCC Loan, Guarantor's Profile, Letter of intent for KCC Loan, Demand Promissory Note, Hypothecation-cum Loan Agreement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. A.K Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Timmy Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Anupama Jolly
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. C.S Bissimon
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the outstanding loan amount.
Evidence:
Accordingly, the suit deserves to be decreed as prayed for.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is entitled to sell the mortgaged property in default of payment.
Evidence:
In default of payment, the plaint schedule property, mortgaged by the first defendant, shall be sold.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
The Bank is also entitled to enforce the mortgage security by sale of the plaint schedule property in default of payment.
Documents & Evidence
Document Type:
Application Form
Submitted By:
Plaintiff
Relevance:
Submitted as part of the loan application process for the Kisan Credit Card.
Reference:
Ext.A1
Document Type:
Guarantor's Profile
Submitted By:
Plaintiff
Relevance:
Provided information about the guarantor for the loan.
Reference:
Ext.A2
Document Type:
Letter of intent
Submitted By:
Plaintiff
Relevance:
Indicates the preliminary agreement for the KCC loan.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the loan's terms and repayment obligations.
Reference:
Ext.A4
Document Type:
Demand promissory note delivery letter
Submitted By:
Plaintiff
Relevance:
Documents the delivery of the demand promissory note.
Reference:
Ext.A5
Document Type:
Hypothecation-cum Loan Agreement
Submitted By:
Plaintiff
Relevance:
Explains the arrangement for hypothecation of assets as security for the loan.
Reference:
Ext.A6
Document Type:
Common Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms under which the guarantor agrees to secure the loan.
Reference:
Ext.A7
Document Type:
Letter evidencing deposit of title deeds
Submitted By:
Plaintiff
Relevance:
Confirms the deposit of title deeds as collateral for the loan.
Reference:
Ext.A8
Document Type:
Notarized Declaration and Undertaking
Submitted By:
Plaintiff
Relevance:
Records the acknowledgment of terms and responsibilities by the parties.
Reference:
Ext.A9
Document Type:
Acknowledgment of Debt-cum-Revival Letter
Submitted By:
Plaintiff
Relevance:
Records the acknowledgment of the debt and the terms of revival.
Reference:
Ext.A10
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Indicates confirmation of the revival of the loan agreement.
Reference:
Ext.A11
Document Type:
Acknowledgment of Debt-cum-Revival Letter
Submitted By:
Plaintiff
Relevance:
Similar acknowledgment for another year of the loan.
Reference:
Ext.A12
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Follows the same function for subsequent acknowledgment.
Reference:
Ext.A13
Document Type:
Acknowledgment of Debt-cum-Revival Letter
Submitted By:
Plaintiff
Relevance:
Another confirmation of debt acknowledgment.
Reference:
Ext.A14
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Continues to affirm the acknowledgment of the ongoing debt.
Reference:
Ext.A15
Document Type:
Acknowledgment of Debt-cum-Revival Letter
Submitted By:
Plaintiff
Relevance:
Additional affirmation of the debt.
Reference:
Ext.A16
Document Type:
Original settlement deed
Submitted By:
Plaintiff
Relevance:
Shows the original agreement regarding the mortgage.
Reference:
Ext.A17
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Formal notice sent to the defendants regarding the loan default.
Reference:
Ext.A18
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Documentary evidence of mailing the lawyer's notice.
Reference:
Ext.A19
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Received acknowledgment for the notice sent.
Reference:
Ext.A20
Document Type:
Copy of Ledger Folio of KCC Account
Submitted By:
Plaintiff
Relevance:
Records of transactions related to the KCC loan.
Reference:
Ext.A21
Document Type:
Copy of Ledger Folio of FITL Account
Submitted By:
Plaintiff
Relevance:
Records of transactions related to the FITL loan.
Reference:
Ext.A22
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Commercial Court, Pala
Common Reasons
Non-payment of rent
Case Code
Case between IDBI Bank Ltd. vs Mr. Jomy K Jose et al regarding recovery of loan amount.
Case Code Year
Case between IDBI Bank Ltd. vs Mr. Jomy K Jose et al regarding recovery of loan amount.