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RPIA.49/2024 IN CS 505/2021

Case between Sree Gokulam Chit and Finance Co. (p) ltd vs M.P. Shahul Hameed et al regarding setting aside an ex-parte decree.

Court
COMMERCIAL/III ADDL. SUB JUDGE, KOZHIKODE
Judge
Sri. Sidhik. K
Order Date
2025-05-29
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Sree Gokulam Chit and Finance Co. (p) ltd as the plaintiff and M.P. Shahul Hameed and Sajitha as defendants. The defendants did not appear, and the court considered medical documents before setting aside a previous ex-parte decree against them.

Judgment Outcome

Defendant Won
Interim Order
The ex-parte decree passed against the defendants was set aside by the court.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The ex-parte decree passed against the defendants was set aside by the court.
Key Reasoning:
The medical documents provided by the defendants supported their grounds for non-appearance.
Why Defendant Won:
The medical documents provided by the defendants supported their grounds for non-appearance.
Supporting Evidence
Moreover medical documents are produced to support the grounds mentioned in the petition.

Judgment Evidence:

Considering all these factors, ex-parte decree passed against the defendants on 13.08.2024 is set aside.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sree Gokulam Chit and Finance Co. (p) ltd
Party Role
Defendant
Party Name
M.P. Shahul Hameed
Party Role
Defendant
Party Name
Sajitha
Relation
W/o. Shahul Hameed M.P
Plaintiffs Documents
Defendants Documents
Medical documents supporting non-appearance.

Advocates

Party Role
Plaintiff
Advocate Name
Sri.Thrivikraman Namboothiri
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Ex-parte decree passed against the defendants is set aside
Evidence:
Considering all these factors, ex-parte decree passed against the defendants on 13.08.2024 is set aside.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Case Code
Case between Sree Gokulam Chit and Finance Co. (p) ltd vs M.P. Shahul Hameed et al regarding setting aside an ex-parte decree.
Case Code Year
Case between Sree Gokulam Chit and Finance Co. (p) ltd vs M.P. Shahul Hameed et al regarding setting aside an ex-parte decree.

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
70%

Involved Entities

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