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
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.
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.
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