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O.S No. 926/2016

Case between M/s. UCO Bank vs Shreejith P Shaji, Shaji P regarding Loan Recovery

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-07-24
Duration
approximately-8 years
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s. UCO Bank filed a restoration petition after their original suit for loan recovery was dismissed due to their absence in court. The bank argues that the dismissal was due to a lack of communication regarding the trial date, while the defendants claim there was willful negligence on the part of the plaintiff.

Judgment Outcome

Defendant Won
Interim Order
The restoration petition filed by M/s. UCO Bank was dismissed by the court. The court found that the plaintiff had sufficient representation and knowledge of the proceedings yet chose not to appear on the specified date.
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The restoration petition filed by M/s. UCO Bank was dismissed by the court. The court found that the plaintiff had sufficient representation and knowledge of the proceedings yet chose not to appear on the specified date.
Key Reasoning:
The court determined that the dismissal of the original suit was due to willful negligence on the part of the plaintiff.
Why Defendant Won:
The court determined that the dismissal of the original suit was due to willful negligence on the part of the plaintiff.
Supporting Evidence
The court noted that the plaintiff had sufficient representation on dates before the case was posted and had been given numerous chances to take pre-trial steps.

Judgment Evidence:

In the result, Restoration petition stands dismissed. No order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. UCO Bank
Relation
represented by its Chief Manager, Renjith R, S/o. C.S Ravi
Party Role
Defendant
Party Name
Shreejith P Shaji
Party Age
28
Relation
S/o
Party Role
Defendant
Party Name
Shaji P
Party Age
53
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Pearson S Fernandez
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Zeena S Fernandez
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Rameez Nooh
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Rejected
Description:
The plaintiff requested to set aside the order dated 03.11.2022 and restore the suit.
Evidence:
In such circumstances, I am of the opinion that this petition is filed without bonafides, and that this petition cannot be entertained positively. I am of the opinion that this petition is liable to be dismissed and is dismissed.

Documents & Evidence

Case Classification

Case Type
Restoration Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s. UCO Bank vs Shreejith P Shaji, Shaji P regarding Loan Recovery
Case Code Year
Case between M/s. UCO Bank vs Shreejith P Shaji, Shaji P regarding Loan Recovery

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 07/05/2016 - 12:00
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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