Case Summary
This case involves a petition by Bank of Baroda seeking to review and set aside an order that dismissed their restoration petition for default. The petitioner claims the dismissal was due to a clerical mistake that led to non-appearance of their counsel.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of R.P. No.3 of 2023
Case Type
Review Petition
Final Judgment
No
The court allowed the petition to review and set aside the previous dismissal. The order dated 29.02.2024 was recalled and the restoration petition is to be proceeded with in accordance with law.
Why Plaintiff Won:
Sufficient cause for non-appearance was established, and the dismissal was procedural.
Sufficient cause for non-appearance was established, and the dismissal was procedural.
Losing Side's Weaknesses:
Sufficient cause for non-appearance was established, and the dismissal was procedural.
Sufficient cause for non-appearance was established, and the dismissal was procedural.
Supporting Evidence
The explanation offered is supported by an affidavit and is found to be bona fide. There is nothing to indicate any wilful default or negligence on the part of the petitioner.
Judgment Evidence:
In the result, the I.A. is allowed. The order dated 29.02.2024 in R.P. No.3 of 2023 is set aside. R.P. No.3 of 2023 shall be restored to file and proceeded with in accordance with law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Nagarajan G
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shiney Xaviour
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Sijo Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sajikumar M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The order dated 29.02.2024 in R.P. No.3 of 2023 is set aside and R.P. No.3 of 2023 shall be restored to file.
Evidence:
In the result, the I.A. is allowed. The order dated 29.02.2024 in R.P. No.3 of 2023 is set aside. R.P. No.3 of 2023 shall be restored to file and proceeded with in accordance with law.
Documents & Evidence
Case Classification
Case Type
Review Petition
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Commercial Court, Pala
Common Reasons
Recovery of money
Case Code
Case between Bank of Baroda vs Nagarajan G et al regarding review of dismissal order
Case Code Year
Case between Bank of Baroda vs Nagarajan G et al regarding review of dismissal order