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EP. 261/2023

Case between Union Bank of India vs Shaiju Kumar. T regarding petition under Order 21 Rule 38 of Civil Procedure Code.

Court
COMMERCIAL COURT, KOZHIKODE
Judge
Smt. Leena Rasheed
Order Date
2025-01-17
Duration
Case Code No.
261
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Union Bank of India, represented by Jim Mathew Kattakayam, filed a petition against Shaiju Kumar. T for enforcement under the Civil Procedure Code. The petition related to the means of the judgment debtor.

Judgment Outcome

Defendant Won
Interim Order
The decree holder's petition was dismissed as they failed to prove the means of the judgment debtor.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Procedure
Final Judgment
No
The decree holder's petition was dismissed as they failed to prove the means of the judgment debtor.
Key Reasoning:
The decree holder failed to prove the means of the judgment debtor.
Why Defendant Won:
The decree holder failed to prove the means of the judgment debtor.
Supporting Evidence
Decree holder failed to prove the means of JD. Hence EP dismissed for default.

Judgment Evidence:

This petition coming on this day for hearing before me in the presence of Smt. Smitha Dharmaraj Advocate for Petitioner, Smt. Shinoja.A Advocate for Respondent and the Court passed the following order. EP dismissed for default.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Union Bank of India
Relation
Represented by
Party Role
Defendant
Party Name
Shaiju Kumar. T
Party Age
44
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Smt. Smitha Dharmaraj
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Smt. Shinoja.A
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Dismissed
Description:
Decree holder failed to prove the means of JD. Hence EP dismissed for default.
Evidence:
Decree holder failed to prove the means of JD. Hence EP dismissed for default.

Documents & Evidence

Case Classification

Case Type
Civil Procedure
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Case Code
EP.
Case Code Year
2023

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
80%

Involved Entities

Bank

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