Case Summary
The plaintiff, IDBI Bank Limited, is seeking recovery of a term loan of Rs.10,00,000/- from the first defendant, a Joint Liability Group, which failed to repay the loan. The defendants did not appear in court, leading to an exparte hearing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.4,62,948.72/- and interest as per the judgment.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, entitling them to recover Rs.4,62,948.72/- along with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff's case was established through unrebutted evidence and documentation presented in court.
The plaintiff's case was established through unrebutted evidence and documentation presented in court.
Losing Side's Weaknesses:
The plaintiff's case was established through unrebutted evidence and documentation presented in court.
The plaintiff's case was established through unrebutted evidence and documentation presented in court.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A6 series established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.4,62,948.72/- from the defendants and from their assets. Plaintiff is entitled to realize interest @ 11% per annum for Rs.4,62,948.72/- from the date of suit till date decree from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kudumbasree Div 03 NHG 05 ORUMA
- Party Role
- Defendant
- Party Name
- Ummar Rahnas Jaleel
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mary Adine
- Party Age
- 43
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ruksana K J.
- Party Age
- 23
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Fousiya Ashraf
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Original loan application, Original sanction letter, Original Inter-Se agreement, Statement of account along with certification, Copy of lawyer's notice, Original postal receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paulochan Antony
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Girish R.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Christeena Rachel Shaji
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.4,62,948.72/- from the defendants.
Evidence:
Plaintiff is entitled to realize an amount of Rs.4,62,948.72/- (Rupees four lakhs sixty two thousand nine hundred and forty eight and seven two paisa only) from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 11% per annum from the date of suit till date decree.
Evidence:
Plaintiff is entitled to realize interest @ 11% per annum for Rs.4,62,948.72/- from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.4,62,948.72/- from date of decree till date of realization from the defendants and from their assets.
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 and from their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 28.02.2019.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Original sanction letter dated 28.02.2019.
Reference:
Ext.A2
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
Original inter-se agreement dated 28.02.2019.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account along with certification.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 02.11.2023.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Original postal receipts (10 in Nos.) accepted and marked in evidence.
Reference:
Ext.A6 Series
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between IDBI Bank Limited vs Kudumbasree Div 03 NHG 05 ORUMA et al regarding suit for realization of money.
Case Code Year
Case between IDBI Bank Limited vs Kudumbasree Div 03 NHG 05 ORUMA et al regarding suit for realization of money.