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
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.
Judgment Evidence:
In the result, Restoration petition stands dismissed. No order as to costs.
Parties Involved
Plaintiffs
M/s. UCO Bank (Age not specified years)
Ravipuram, M.G Road, Ernakulam, Kochi – 682 016
Defendants
Shreejith P Shaji (28 years)
Purathechira House, Kumarakom, Kottayam – 686 563
Shaji P (53 years)
Purathechira House, Kumarakom, Kottayam – 686 563
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.