Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
C.S No. 112/2023

Case between Bank of Baroda vs Nagarajan G et al regarding review of dismissal order

Court
COMMERCIAL COURT, PALA
Judge
Smt.Rajasree Rajgopal
Order Date
2025-10-29
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Pala
District
Kottayam
State
Kerala
Court Establishment
Commercial Court, Pala
Case Filed
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

Similar Cases

Case between The Federal Bank Ltd vs Lintu Shibu et al regarding realization of money
COURT OF THE MUNSIFF, KOTTAYAM
Civil Suit Plaintiff Won
Case between Punjab National Bank vs Sajanmon V J regarding Recovery of Money
The Court of the Munsiff, Kottayam
Restoration Petition Plaintiff Won
Case between Indian Overseas Bank vs Nisar. M. J. regarding Review Petition
COURT OF THE MUNSIFF, VARKALA
Review Petition Plaintiff Won
Case between M/s ICICI Bank Limited vs Prejith P Chandran regarding Review Petition
II Additional Munsiff Court
Review Petition Defendant Won
Case between Karnataka Bank Ltd vs Chackochan regarding recovery of money
II Additional Munsiff Court
Review Petition Plaintiff Won