Case Summary
The petitioners, M/s. Imprint Polymers and its partners, filed a restoration petition to set aside an exparte decree passed against them. The respondent, Canara Bank, contended that the petitioners had failed to appear despite several opportunities provided.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Set aside the exparte decree dated 11.01.2024 on payment of costs.
Case Type
Restoration Petition
Final Judgment
No
The court allowed the restoration petition and set aside the exparte decree issued against the petitioners. The petitioners were required to pay costs to the respondent.
Why Plaintiff Won:
The court found merit in the petitioners' arguments and allowed them to contest the matter.
The court found merit in the petitioners' arguments and allowed them to contest the matter.
Losing Side's Weaknesses:
The court found merit in the petitioners' arguments and allowed them to contest the matter.
The court found merit in the petitioners' arguments and allowed them to contest the matter.
Supporting Evidence
It is seen that the petitioners can be provided an opportunity to contest the matter and this restoration petition can be allowed on payment of costs to the other party.
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. Imprint Polymers
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Rasheed. M
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jubeena. P.K
- Party Age
- 32
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sreedevi.K.L
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V.M.Joy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Restoration of the petitioners' ability to contest the exparte decree.
Evidence:
It is seen that the petitioners can be provided an opportunity to contest the matter and this restoration petition can be allowed on payment of costs to the other party.
Documents & Evidence
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
Evidence presented by the plaintiff to support their case.
Reference:
Exts.A1 to A14
Case Classification
Case Type
Restoration Petition
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