Case Summary
The petitioner, M/s Indo Marine Engineering Company (p) Ltd., seeks to set aside an ex-parte decree in a suit filed by M/s Mathsramam Manufactures and Traders (p) Ltd. for realization of an amount. The petitioner claims absence due to unavoidable overseas business commitments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Allowed on condition of payment of costs of Rs. 4000
Case Type
Civil Suit
Final Judgment
No
The petition to set aside the ex-parte decree was allowed on the condition that the petitioner pays a cost of Rs. 4000 to the respondent.
Why Plaintiff Won:
The delay in filing the petition was deemed not substantial and the interest of justice was served by allowing the petition.
The delay in filing the petition was deemed not substantial and the interest of justice was served by allowing the petition.
Losing Side's Weaknesses:
The delay in filing the petition was deemed not substantial and the interest of justice was served by allowing the petition.
The delay in filing the petition was deemed not substantial and the interest of justice was served by allowing the petition.
Supporting Evidence
Therefore, I’m inclined to take a liberal view so as to afford an opportunity to the petitioner to contest the petition for setting aside ex parte order filed from his side by condoning the delay.
Judgment Evidence:
In the result, the petition is allowed on condition of the petitioner making payment of costs of Rs. 4000/- to the respondent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Mathsramam Manufactures and Traders (p) Ltd.
- Party Role
- Defendant
- Party Name
- M/s Indo Marine Engineering Company (p) Ltd.
- Relation
- represented by its Director
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Thomas M Jacob
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jerry Sebastian
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- R.Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sibi Karun
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition is allowed on condition of the petitioner making payment of costs of Rs. 4000/- to the respondent.
Evidence:
In the result, the petition is allowed on condition of the petitioner making payment of costs of Rs. 4000/- to the respondent.
Relief Type:
Other
Outcome:
Not Decided
Description:
Whether the delay occasioned in filing R.P 15/2025 is to be condoned?
Evidence:
Point number 1 is found in favour of the petitioner.
Relief Type:
Other
Outcome:
Not Decided
Description:
Whether the suit is to be restored?
Evidence:
Point No.2 is accordingly found in favour of the petitioner.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s Indo Marine Engineering Company (p) Ltd. vs M/s Mathsramam Manufactures and Traders (p) Ltd. regarding setting aside ex-parte decree
Case Code Year
Case between M/s Indo Marine Engineering Company (p) Ltd. vs M/s Mathsramam Manufactures and Traders (p) Ltd. regarding setting aside ex-parte decree