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C.S.No. 15/2022

Case between IDBI Bank Ltd. vs Jomy K Jose and Reny Jose regarding restoration of ex parte judgment and decree.

Court
COMMERCIAL COURT , SUB JUDGE, PALA
Judge
Smt.Rajasree Rajgopal
Order Date
2025-06-30
Duration
approximately-1 year 8 months
Case Code No.
15
Case Closed
Mon, 06/30/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a petition filed by Jomy K Jose, the first defendant, who seeks to set aside an ex parte judgment and decree due to his inability to appear in court. He claims sufficient cause for his absence was due to his mother's medical condition and caregiving responsibilities.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the restoration petition filed by Jomy K Jose and set aside the ex parte judgment and decree passed on 31.10.2023.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the restoration petition filed by Jomy K Jose and set aside the ex parte judgment and decree passed on 31.10.2023.
Why Plaintiff Won:
The petitioner demonstrated sufficient cause for his non-appearance, and there was no objection from the plaintiff/respondent.
Losing Side's Weaknesses:
The petitioner demonstrated sufficient cause for his non-appearance, and there was no objection from the plaintiff/respondent.
Supporting Evidence
On a consideration of the facts and circumstances of the case, and bearing in mind the settled legal position that matters should generally be decided on merits rather than on technicalities, this Court is satisfied that the petitioner has shown sufficient cause for his non-appearance.

Judgment Evidence:

Accordingly, the Restoration Petition is allowed. The ex parte judgment and decree dated 31.10.2023 passed in C.S. No.15/2023 is hereby set aside. The suit shall be restored to file and posted for fresh disposal in accordance with law.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
IDBI Bank Ltd.
Relation
Represented by
Party Role
Defendant
Party Name
Jomy K Jose
Party Age
41
Relation
S/o
Party Role
Defendant
Party Name
Reny Jose
Party Age
40
Relation
W/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
C.S Bissimon
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
A.K Sebastian
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The ex parte judgment and decree dated 31.10.2023 passed in C.S. No.15/2023 is set aside.
Evidence:
Accordingly, the Restoration Petition is allowed. The ex parte judgment and decree dated 31.10.2023 passed in C.S. No.15/2023 is hereby set aside.
Relief Type: Other
Outcome: Granted
Description:
The delay of 253 days in filing the restoration petition is condoned.
Evidence:
The delay of 253 days in filing the restoration petition is also condoned, considering the reasons stated and the absence of objection.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Commercial Court, Pala
Common Reasons
Case Code
C.S.NO.
Case Code Year
2022

Quick Facts

Location
Pala
District
Kottayam
State
Kerala
Court Establishment
Commercial Court, Pala
Case Filed
Mon, 10/31/2022 - 12:00
Case Closed
Mon, 06/30/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Bank

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