Case Summary
The plaintiff, IDBI Bank Limited, is seeking to recover a loan amount from the defendants, who are members of a Self Help Group. The defendants defaulted on the loan repayments and did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.4,28,367.94/- along with interest at the rate of 11% and 2% penal interest per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants must pay the outstanding loan amount along with interest. The plaintiff is entitled to recover costs associated with the suit.
Why Plaintiff Won:
The plaintiff established a case for recovery based on the loan agreement and the defendants' default.
The plaintiff established a case for recovery based on the loan agreement and the defendants' default.
Losing Side's Weaknesses:
The plaintiff established a case for recovery based on the loan agreement and the defendants' default.
The plaintiff established a case for recovery based on the loan agreement and the defendants' default.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,28,367.94/- with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.4,28,367.94/- along with interest @11% and 2% penal interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kudumbasree Div 18 NHG 23 KRIPA
- Party Role
- Defendant
- Party Name
- Smt. Sindhu
- Party Age
- 36
- Relation
- W/o Shri Pradeesh
- Party Role
- Defendant
- Party Name
- Smt. Chandrika K S
- Party Age
- 50
- Relation
- W/o Ramesan P N
- Party Role
- Defendant
- Party Name
- Smt. Mary Margaret P J
- Party Age
- 29
- Relation
- W/o Varghese
- Party Role
- Defendant
- Party Name
- Smt. Thresia
- Party Age
- 49
- Relation
- D/o Joseph Unni
Plaintiffs Documents
Articles of loan agreement, Sanction letter, Inter-se agreement, Account statement, Legal notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paulochan Antony P
- 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:
Defendants shall pay Rs.4,28,367.94/- along with interest.
Evidence:
Defendants are directed to pay interest at the rate of 11% along with 2% penal interest per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Articles of loan agreement for financing Self Help Group
Submitted By:
Plaintiff
Relevance:
Shows that defendants availed term loan of Rs.10,00,000/- for agricultural activities.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter issued by plaintiff bank.
Reference:
Ext.A2
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
Executed by defendants to govern their joint liability as a Self Help Group.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows that defendants have defaulted in repayment of loan.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Recall notice issued by plaintiff to defendants requesting repayment of the outstanding loan amount.
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 23 KRIPA et al regarding realization of loan amount
Case Code Year
Case between IDBI Bank Limited vs Kudumbasree Div 18 NHG 23 KRIPA et al regarding realization of loan amount