Case Summary
The case involves IDBI Bank Ltd seeking repayment from Kudumbasree Div 9 NHG and its members for a defaulted loan. The court found the defendants failed to appear, leading to an ex-parte decision in favor of the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.3,96,571.93/- along with interest at specified rates
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of IDBI Bank Ltd, allowing them to recover the loan amount along with interest and costs from the defendants. The court found the claims of the plaintiff to be uncontroverted.
Why Plaintiff Won:
The plaintiff successfully established the case with supporting evidence and testimonies.
The plaintiff successfully established the case with supporting evidence and testimonies.
Losing Side's Weaknesses:
The plaintiff successfully established the case with supporting evidence and testimonies.
The plaintiff successfully established the case with supporting evidence and testimonies.
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.3,96,571.93/- from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kudumbasree Div 9 NHG 30 ANGEL
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kappithan Parambil Santhyav Salomi
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Varna.P.P.
- Party Age
- 54
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Heizal Baby
- Party Age
- 21
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sunitha
- Party Age
- 32
- Relation
- W/o
Plaintiffs Documents
Original loan agreement, Original sanction letter, Original interse agreement, Account statement along with certification from 01.01.2022 to 24.05.2024, Copy of loan recall notice, Original postal receipts (11 Nos.)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paulochan Antony P.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Girish R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neethu T.R.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Christeena
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rachel Shaji
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.3,96,571.93/- from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.3,96,571.93/- from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest at 11% per annum from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 11% per annum for Rs.3,96,571.93/- from the date of suit till date decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest at 6% per annum from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.3,96,571.93/- from date of decree till date of realization.
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.
Documents & Evidence
Document Type:
Original loan agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the terms of the loan provided by the plaintiff to the defendants.
Reference:
Ext.A1
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
This document confirms the approval of the loan by the plaintiff.
Reference:
Ext.A2
Document Type:
Original Inter-Se agreement
Submitted By:
Plaintiff
Relevance:
This document binds all members of the Joint Liability Group to the loan repayment.
Reference:
Ext.A3
Document Type:
Account statement along with certification
Submitted By:
Plaintiff
Relevance:
This document provides the financial details related to the loan account during the specified period.
Reference:
Ext.A4
Document Type:
Copy of loan recall notice
Submitted By:
Plaintiff
Relevance:
This document details the formal demand for repayment issued to the defendants.
Reference:
Ext.A5
Document Type:
Original postal receipts
Submitted By:
Plaintiff
Relevance:
These documents serve as evidence of service of the loan recall notice.
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
Recovery of money
Case Code
Case between IDBI Bank Ltd vs Kudumbasree Div 9 NHG et al regarding realization of money
Case Code Year
Case between IDBI Bank Ltd vs Kudumbasree Div 9 NHG et al regarding realization of money