Case Summary
M/s. Grand Trading Company and Mr. Rasheed.M, petitioners, filed a restoration petition to set aside an exparte decree passed against them for failing to repay loans to Canara Bank, the respondent. They argued that they could not attend the trial due to business commitments but the bank contended that they had multiple opportunities to appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of case and setting aside the exparte decree on payment of costs.
Case Type
Commercial
Final Judgment
No
The court allowed the restoration petition to set aside the exparte decree and provided an opportunity for the petitioners to contest the matter on payment of costs.
Why Plaintiff Won:
Petitioners provided sufficient cause for their non-appearance.
Petitioners provided sufficient cause for their non-appearance.
Losing Side's Weaknesses:
Petitioners provided sufficient cause for their non-appearance.
Petitioners provided sufficient cause for their non-appearance.
Supporting Evidence
It is seen that the petitioners can be provided an opportunity to contest the matter and this restoration petition can be allowed.
Judgment Evidence:
In the result, RPIA is allowed by setting aside the exparte decree dated 11.01.2024, on payment of costs of Rs.10,000/- to respondent/plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- M/s. Grand Trading Company
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Rasheed. M
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri.V.M.Joy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sreedevi.K.L
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petitioners requested to set aside the exparte decree passed on 11.01.2024.
Evidence:
In the result, RPIA is allowed by setting aside the exparte decree dated 11.01.2024.
Documents & Evidence
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
Marked as evidence from the side of the plaintiff during the trial.
Reference:
Exts. A1 to A13
Case Classification
Case Type
Commercial
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Non-payment of rent
Case Code
RPIA
Case Code Year
2024