Case Summary
Canara Bank filed a suit against M/S Gurudev Enterprises, which was decreed ex-parte. The defendant sought to set aside this decree claiming personal difficulties prevented compliance.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Commercial Suit
Final Judgment
No
The court dismissed the defendant's petition to set aside the ex-parte decree, confirming the previous judgment.
Key Reasoning:
The petition was dismissed due to failure to establish sufficient cause for non-appearance and the statutory limitations imposed by the Commercial Courts Act.
The petition was dismissed due to failure to establish sufficient cause for non-appearance and the statutory limitations imposed by the Commercial Courts Act.
Why Defendant Won:
The petition was dismissed due to failure to establish sufficient cause for non-appearance and the statutory limitations imposed by the Commercial Courts Act.
The petition was dismissed due to failure to establish sufficient cause for non-appearance and the statutory limitations imposed by the Commercial Courts Act.
Supporting Evidence
The defendant has failed to establish sufficient cause for non-appearance under Order IX Rule 13 CPC. The Written Statement cannot be taken on record as the statutory right to file the same stands forfeited.
Judgment Evidence:
In the result, the petition fails and is dismissed. The ex-parte decree dated 18.11.2024 shall stand confirmed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- M/S Gurudev Enterprises
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- K Ravikumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sajikumar M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Setting aside the ex-parte decree
Evidence:
The petition fails and is dismissed. The ex-parte decree dated 18.11.2024 shall stand confirmed.
Documents & Evidence
Case Classification
Case Type
Commercial Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Commercial Court, Pala
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs M/S Gurudev Enterprises regarding setting aside an ex-parte decree.
Case Code Year
Case between Canara Bank vs M/S Gurudev Enterprises regarding setting aside an ex-parte decree.