Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S.No.147/2024

Case between State Bank Of India vs Mr. Dileep Kumar T N regarding realization of money.

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K. Dinamany.
Order Date
2024-12-13
Duration
approximately-0 years 8 months
Case Code No.
147
Case Closed
Fri, 12/13/2024 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The case involves State Bank Of India seeking the restoration of a suit dismissed for default. The defendant, Mr. Dileep Kumar T N, was set exparte as he did not appear.

Judgment Outcome

Defendant Won
Interim Order
The petition to restore the suit was dismissed as it was deemed not maintainable by the court.
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The petition to restore the suit was dismissed as it was deemed not maintainable by the court.
Key Reasoning:
The petition was found not maintainable based on established legal principles regarding the rejection of plaints.
Why Defendant Won:
The petition was found not maintainable based on established legal principles regarding the rejection of plaints.
Supporting Evidence
The power under S. 151 of CPC cannot be applied by this court to restore the suit which is rejected for non payment of balance court fee.

Judgment Evidence:

In the result, petition is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
State Bank Of India
Relation
Represented by
Party Role
Defendant
Party Name
Mr. Dileep Kumar T N
Party Age
44
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
V K Hema
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arunima N R
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Gouri A H
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Other
Outcome: Rejected
Description:
Petition to restore the suit rejected under Order 7 Rule 11 for non-payment of balance court fee.
Evidence:
this petition is not maintainable and has no merits. Hence, court is not inclined to allow this petition.

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 court fee
Case Code
O.S.NO.
Case Code Year
2024

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 01/01/2024 - 12:00
Case Closed
Fri, 12/13/2024 - 12:00
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
70%

Involved Entities

Bank

Similar Cases

Case between IDBI Bank limited vs Kudumbasree Div 9 NHG 37 Suhrtham et al regarding restoration of a dismissed suit.
IN THE COURT OF MUNSIFF, ERNAKULAM
Restoration Petition Defendant Won
Case between M/s. UCO Bank vs Shreejith P Shaji, Shaji P regarding Loan Recovery
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Restoration Petition Defendant Won
Case between Canara Bank vs Roayal Hostel et al regarding suit rejected due to non-payment of court fee.
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Defendant Won
Case between ICICI Bank Ltd vs Najmal Mustafa regarding restoration of a suit
IN THE COURT OF MUNSIFF, ERNAKULAM
Restoration Petition Defendant Won
Case between Union Bank Of India vs M/s Network Academy regarding realization of money.
COURT OF MUNSIFF, ERNAKULAM
Restoration Petition Plaintiff Won