Case Summary
IDBI Bank Ltd filed a suit against Suresh Chandrabose for the recovery of a loan amount. The defendant failed to repay the loan taken for agricultural purposes, leading the bank to take legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to repay an amount of ₹1,80,208/- with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to repay the overdue loan amount with interest.
Why Plaintiff Won:
The plaintiff proved that the defendant borrowed money and failed to repay, despite repeated requests.
The plaintiff proved that the defendant borrowed money and failed to repay, despite repeated requests.
Losing Side's Weaknesses:
The plaintiff proved that the defendant borrowed money and failed to repay, despite repeated requests.
The plaintiff proved that the defendant borrowed money and failed to repay, despite repeated requests.
Supporting Evidence
From the unrebutted evidence of PW1 and Exts.A1 to A14, it is proved that the defendant borrowed an amount of ₹1,00,000/- from the plaintiff on 25.09.2015 and he failed to repay the same with interest.
Judgment Evidence:
In the result, the suit is decreed with costs as follows; Defendant is directed to repay an amount of ₹1,80,208/- (Rupees One Lakh Eighty Thousand Two Hundred and Eight only) to the plaintiff bank with interest @ 9.5% per annum from the date of the suit till the date of judgment and thereafter @ 6% per annum till its realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Ltd
- Party Role
- Defendant
- Party Name
- Suresh Chandrabose
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Copy of Loan Application, Copy of Letter of intent, Copy of Hypothecation-cum-loan agreement, Copy of Demand promissory note, Copy of Demand promissory note Delivery letter, Copy of letter of authority, Copy of declaration of borrower, Copy of disbursement letter, Recall notice, Postal acknowledgment card, Offer and acceptance for settlement, Sanction for one time settlement, Copy of notice u/s 91 of Cr.P.C in crime No.1133/20 of Pala Police Station, Certified copy of account ledger.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Thomas Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Silvi Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to repay an amount of ₹1,80,208/- to the plaintiff bank with interest.
Evidence:
Therefore, I am of the view that plaintiff is entitled to realize the costs of the suit from the defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs from the defendant.
Evidence:
Therefore, I am of the view that plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Copy of loan application dated 25.09.2015 submitted by the defendant.
Reference:
Ext.A1
Document Type:
Letter of intent
Submitted By:
Plaintiff
Relevance:
Copy of letter of intent dated 25.09.2015.
Reference:
Ext.A2
Document Type:
Hypothecation-Cum-Loan Agreement
Submitted By:
Plaintiff
Relevance:
Copy of hypothecation-cum-loan agreement dated 25.09.2015.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Copy of demand promissory note dated 25.09.2015.
Reference:
Ext.A4
Document Type:
Demand promissory note delivery letter
Submitted By:
Plaintiff
Relevance:
Copy of demand promissory note delivery letter dated 25.09.2015.
Reference:
Ext.A5
Document Type:
Letter of authority
Submitted By:
Plaintiff
Relevance:
Copy of letter of authority dated 25.09.2015.
Reference:
Ext.A6
Document Type:
Declaration of Borrower
Submitted By:
Plaintiff
Relevance:
Copy of declaration of borrower dated 25.09.2015.
Reference:
Ext.A7
Document Type:
Disbursement Letter
Submitted By:
Plaintiff
Relevance:
Copy of disbursement letter dated 25.09.2015.
Reference:
Ext.A8
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
Recall notice issued on 20.10.2020.
Reference:
Ext.A9
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card.
Reference:
Ext.A10
Document Type:
Offer and Acceptance for Settlement
Submitted By:
Plaintiff
Relevance:
Offer and acceptance for settlement dated 23.11.2021.
Reference:
Ext.A11
Document Type:
Sanction for One Time Settlement
Submitted By:
Plaintiff
Relevance:
Sanction for one-time settlement dated 28.10.2022.
Reference:
Ext.A12
Document Type:
Notice U/s 91 of Cr.P.C
Submitted By:
Plaintiff
Relevance:
Copy of notice u/s 91 of Cr.P.C in crime No.1133/20 from Pala Police Station.
Reference:
Ext.A13
Document Type:
Certified copy of Account Ledger
Submitted By:
Plaintiff
Relevance:
Certified copy of account ledger revealing default in repayment.
Reference:
Ext.A14
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Non-payment of rent
Case Code
Case between IDBI Bank Ltd vs Suresh Chandrabose regarding recovery of loan amount
Case Code Year
Case between IDBI Bank Ltd vs Suresh Chandrabose regarding recovery of loan amount