Case Summary
The case involves IDBI Bank Limited suing a joint liability group including several defendants for failing to repay a loan of Rs. 10,00,000. The defendants, including others, were absent from court proceedings leading to a default judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs. 6,53,050.16 along with interest.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, allowing IDBI Bank to recover the outstanding loan amount due from the defendants.
Why Plaintiff Won:
The plaintiff's claims were substantiated by evidence presented in court.
The plaintiff's claims were substantiated by evidence presented in court.
Losing Side's Weaknesses:
The plaintiff's claims were substantiated by evidence presented in court.
The plaintiff's claims were substantiated by evidence presented in court.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A5 documents the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: The plaintiff bank is allowed to recover Rs.6,53,050.16 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Limited
- Party Role
- Defendant
- Party Name
- Kudumbasree Div 18 NHG 105 Sneham
- Party Role
- Defendant
- Party Name
- Prabhavthi
- Party Age
- 56
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rajalakshmi
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Selvi.S.Raj
- Party Age
- 27
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Pushpi Antony
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Articles of loan agreement for financing self help group, True copy of Sanction letter, Inter-se agreement, Computer printout of statement of account for the period 23.08.2018 to 31.12.2020, Office copy of the lawyer notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paulochan Antony.P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Padmapriya.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff bank is allowed to recover Rs.6,53,050.16 together with interest.
Evidence:
The plaintiff bank is allowed to recover Rs.6,53,050.16 (Rupees Six lakhs Fifty Three thousand Fifty and paise Sixteen only) together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff bank is also entitled to get the costs of the suit from the defendants.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Articles of loan agreement for financing self help group.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
True copy of Sanction letter.
Reference:
Ext.A2
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
Inter-se agreement executed by the defendants.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Computer printout of statement of account for the period 23.08.2018 to 31.12.2020.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice issued to the defendants.
Reference:
Ext.A5
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 18 NHG 105 Sneham et al regarding realization of money
Case Code Year
Case between IDBI Bank Limited vs Kudumbasree Div 18 NHG 105 Sneham et al regarding realization of money