Case Summary
M/s. Canara Bank has filed this case against HACS Manufactures for the recovery of a loan amounting to Rs. 6,15,005 with interest. The suit was previously rejected due to non-payment of court fees.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petitions filed by the plaintiff were dismissed due to insufficient evidence to justify the delay in filing the review and restoration requests.
Key Reasoning:
The petitioner failed to convincingly explain the delay and did not provide sufficient evidence.
The petitioner failed to convincingly explain the delay and did not provide sufficient evidence.
Why Defendant Won:
The petitioner failed to convincingly explain the delay and did not provide sufficient evidence.
The petitioner failed to convincingly explain the delay and did not provide sufficient evidence.
Supporting Evidence
The reason stated to condone the delay of 1760 days is not proved by the petitioner. Delay is not at all explained.
Judgment Evidence:
In the result, IA 01/2024 and RP 43/2024 are dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- HACS Manufactures
- Relation
- Represented by
Plaintiffs Documents
Balance court fee remittance record
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I.Sowfiuar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kannanalloor S.Abdul Karim
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
IA 01/2024 for condoning the delay in filing RP 43/2024.
Evidence:
Hence, IA 01/2024 for condoning the delay is to be dismissed.
Relief Type:
Other
Outcome:
Refused
Description:
Restoration of suit OS 508/2016.
Evidence:
In view of the finding on point No.1, this point does not germane for consideration.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of court fee
Case Code
OS.NO.
Case Code Year
2016