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RPIA 22/2024 in CS.12/2022

Case between Archana et al vs Manager, The Canara Bank Branch-1 et al regarding setting aside exparte decree.

Court
IN THE COURT OF COMMERCIAL JUDGE, KOYILANDY
Judge
Smt.Priyanka. S
Order Date
2025-07-31
Duration
approximately-1 year 22 days
Case Closed
Thu, 07/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, Archana and Kesav along with Pooja, filed a restoration petition against an exparte decree issued due to their non-appearance. The case involves a loan default and the court has decided to allow the petition to give the petitioners an opportunity to contest the matter.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the restoration petition filed by the petitioners, setting aside the exparte decree dated 05.07.2024, and granted them an opportunity to contest the matter.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The court allowed the restoration petition filed by the petitioners, setting aside the exparte decree dated 05.07.2024, and granted them an opportunity to contest the matter.
Why Plaintiff Won:
The court determined that the petitioners were not made aware of the legal proceedings against them and believed that they had sufficient cause for their non-appearance.
Losing Side's Weaknesses:
The court determined that the petitioners were not made aware of the legal proceedings against them and believed that they had sufficient cause for their non-appearance.
Supporting Evidence
The averments in the affidavit in support of the petition that petitioners were not aware of the service of summons appear as believable.

Judgment Evidence:

In the result, RPIA stands allowed, setting aside the judgment and decree dated 05.07.2024.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Manager, The Canara Bank Branch-1
Party Role
Plaintiff
Party Name
Pradeep Foot works
Relation
Proprietor, Pradeep Kumar. K
Party Role
Defendant
Party Name
Archana
Relation
W/o K.Pradeep Kumar
Party Role
Defendant
Party Name
Kesav
Relation
S/o K. Pradeep Kumar
Party Role
Defendant
Party Name
Pooja
Relation
D/o K. Pradeep Kumar
Plaintiffs Documents
N/A
Defendants Documents
N/A

Advocates

Party Role
Defendant
Advocate Name
Sri. P.T.Umendran
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Sreedevi.K.L
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Setting aside the exparte decree dated 05.07.2024.
Evidence:
In the result, RPIA stands allowed, setting aside the judgment and decree dated 05.07.2024.
Relief Type: Other
Outcome: Not Decided
Description:
Order as to costs.
Evidence:
Point No. 2 is found accordingly.

Documents & Evidence

Case Classification

Case Type
Restoration Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Non-payment of rent
Case Code
Case between Archana et al vs Manager, The Canara Bank Branch-1 et al regarding setting aside exparte decree.
Case Code Year
Case between Archana et al vs Manager, The Canara Bank Branch-1 et al regarding setting aside exparte decree.

Quick Facts

Location
Koyilandy
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Case Filed
Sat, 01/01/2022 - 12:00
Case Closed
Thu, 07/31/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Bank

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