Case Summary
PREFire Solutions filed a review petition after their plaint was rejected for non-payment of balance court fee. The court allowed the review petition, stating that the failure to remit the fee was not willful and restored the suit for consideration on merits.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Review Petition
Final Judgment
No
Why Plaintiff Won:
The court found sufficient grounds for allowing the petition based on the reasons stated in the accompanying affidavit.
The court found sufficient grounds for allowing the petition based on the reasons stated in the accompanying affidavit.
Judgment Evidence:
In the result, 1) Petition is allowed. Order dated 09.06.2022 rejecting plaint is reviewed. Suit restored to file. 2) No costs.
Parties Involved
Plaintiffs
PREFire Solutions (Age not specified years)
1st Floor, Nandanam, YMJ Road, Palarivattom, Kochi – 25
Defendants
Ernakulam Tourist Bungalow (Age not specified years)
Beaumonde The Fern (former Hotel Metropolitan), Vivekananda Lane, Opp. South Junction, Off: M.G. Road, Ernakulam, Kochi – 682 016
Deepak Sathyapalan (45 years)
Vivekananda Lane, Opp. South Junction, Off: M.G. Road, Ernakulam, Kochi – 682 016
Bhuvaneswai Sathyapalan (Age not specified years)
C/o Dr. C.K. Devadas, House No. 41/332, Old Railway Station Road, Cochin – 682 018
Radha Devadas (Age not specified years)
C/o Dr. C.K. Devadas, House No. 41/332, Old Railway Station Road, Cochin – 682 018
KGBEES Hotel Private Ltd. (Age not specified years)
39/1125, Vivekananda Lane, Near South Junction, Off. M.G. Road, Ernakulam682 016
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Petition is allowed. Order dated 09.06.2022 rejecting plaint is reviewed. Suit restored to file.
Evidence:
In the result, 1) Petition is allowed. Order dated 09.06.2022 rejecting plaint is reviewed. Suit restored to file.