Case Summary
IDBI Bank Limited has filed a suit against KUDUMBASREE DIV 5 NHG and other defendants for the recovery of a loan amount that the defendants failed to repay. The court found the defendants liable for the payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of ₹4,80,781.18 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants (except for the second and third) are liable to pay the plaintiff an amount of ₹4,80,781.18 along with interest. If they fail to pay, the plaintiff can recover this amount from the defendants or their assets.
Why Plaintiff Won:
The case of the plaintiff stands proved due to uncontested evidence.
The case of the plaintiff stands proved due to uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved due to uncontested evidence.
The case of the plaintiff stands proved due to uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1. I am of the opinion that the defendants owe a total amount of 4,80,781.18/- to the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants (except the second and third defendants) are directed to pay to the plaintiff, an amount of 4,80,781.18/- with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants (except the second and third defendants) or their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sri. Wilson Kuruvilla Mundupuzhakal
- Party Age
- 42
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- KUDUMBASREE DIV 5 NHG
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Smt. Najuma.B
- Party Age
- 39
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Smt. Shaharban
- Party Age
- 30
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Smt. Jesmi K.S
- Party Age
- 20
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Smt. Hayarunisa
- Party Age
- 40
- Relation
- W/o.
Plaintiffs Documents
Articles of Loan Agreement, Letter of Intent, Inter-se Agreement, Computer printout of Statement of Account for the period from 20.02.2018 to 31.12.2020
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paulochan Antony P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Padmapriya P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants (except the second and third defendants) are directed to pay the plaintiff an amount of 4,80,781.18/- with interest.
Evidence:
I am of the opinion that the plaintiff is entitled to recover the same from the available defendants, with interest from the date of suit.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants (except the second and third defendants).
Evidence:
the plaintiff is entitled to the costs of the suit from the defendants (except the second and third defendants).
Documents & Evidence
Document Type:
Articles of Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence to support the plaintiff's claim regarding the loan agreement.
Reference:
Ext.A1
Document Type:
Letter of intent
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence to support the plaintiff's claim regarding the loan agreement.
Reference:
Ext.A2
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence to support the plaintiff's claim regarding the loan agreement.
Reference:
Ext.A3
Document Type:
Computer printout of Statement of Account for the period from 20.02.2018 to 31.12.2020
Submitted By:
Plaintiff
Relevance:
This document provided the financial details and outstanding amount owed by defendants.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between IDBI Bank Limited vs KUDUMBASREE DIV 5 NHG et al regarding realisation of money
Case Code Year
Case between IDBI Bank Limited vs KUDUMBASREE DIV 5 NHG et al regarding realisation of money