Case Summary
The plaintiff, IDBI Bank Limited, filed a suit against multiple defendants for the recovery of loan amounts. The defendants failed to repay the loans, leading to legal action by the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ordered defendants (except the sixth and fourth defendants) to pay the plaintiff an amount of ₹4,57,859.65 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to pay a sum of ₹4,57,859.65 with interest for unpaid loans. Various defendants were declared ex parte due to failure to respond.
Why Plaintiff Won:
The plaintiff proved their case through uncontested evidence and established the defendants' liability.
The plaintiff proved their case through uncontested evidence and established the defendants' liability.
Losing Side's Weaknesses:
The plaintiff proved their case through uncontested evidence and established the defendants' liability.
The plaintiff proved their case through uncontested evidence and established the defendants' liability.
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.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants (except the sixth and fourth defendants) are directed to pay to the plaintiff, an amount of 4,57,859.65/- (Rupees four lakhs fifty seven thousand eight hundred and fifty nine and sixty five paise only) 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 sixth and fourth defendants) or their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- KUDUMBASREE DIV 5 NHG 44 ASWATHY
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Smt. Sunitha H
- Party Age
- 38
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Smt. Sefiya C
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Smt. M K Zainaba
- Party Age
- 64
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Smt. Sumaya Najeeb
- Party Age
- 32
- Relation
- W/o
Plaintiffs Documents
Articles of Loan Agreement for financing SHG, Sanction Letter, Inter –se-Agreement, Computer printout of Statement of Account for the period from 21.12.2017 to 30.11.2020, Office copy of Legal 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
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 4,57,859.65 from the defendants with interest.
Evidence:
I am of the opinion that the defendants owe a total amount of 4,57,859.65/- to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Articles of Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement between the plaintiff and defendants.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document confirming the sanction of the loan.
Reference:
Ext.A2
Document Type:
Inter-se-Agreement
Submitted By:
Plaintiff
Relevance:
Document detailing the inter-se agreement related to the loan.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Computer printout showing the statement of account for the loan period.
Reference:
Ext.A4
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Legal notice served to the defendants regarding the loan repayment.
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
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.