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2026 Supreme(Online)(Ker) 9594

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
THE FEDERAL BANK LTD – Appellant
Versus
DURGA LAKSHMI PIPES A PARTNERSHIP FIRM – Respondent
MJC NO. 33 OF 2026 | AS NO.247 OF 2003

Advocates:
For the Appellants/Petitioners: SRI. GEORGE VARGHESE, SRI. P.R.MILTON
For the Respondents: SRI. DEEPAK T.NEDUNGADAN

The court can restore an appeal and related applications when a party provides valid reasons for their non-appearance due to counsel's illness.

Headnote:This Miscellaneous Jurisdiction Case addresses MJC No. 33 of 2026 pertaining to AS No. 247 of 2003, which was dismissed for default. The appellant claims the absence was due to the illness of their counsel, which the court acknowledged. Consequently, the MJC is allowed, restoring the appeal and related applications for consideration. The court emphasizes the veracity of the counsel’s illness as a legitimate reason.

ORDER

This Miscellaneous Jurisdiction Case is filed against the judgment dated 22.01.2026 in AS No.247 of 2003 dismissing the appeal for default. In the MJC, it is stated that the learned counsel for the appellant was sick and therefore, could not appear before this Court or make arrangements for being represented, on various occasions. I find no reason to disbelieve the statement regarding the illness of the learned counsel and the reason stated in the MJC.

Accordingly, the MJC is allowed and the appeal is restored to file. All interlocutory applications in the appeal shall also stand restored.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR

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2026 Supreme(Online)(Ker) 9594

IN THE HIGH COURT OF KERALA AT ERNAKULAMMURALI PURUSHOTHAMAN, JTHE FEDERAL BANK LTD – AppellantVersusDURGA LAKSHMI PIPES A PARTNERSHIP FIRM – RespondentMJC NO. 33 OF 2026 | AS NO.247 OF 2003

The court can restore an appeal and related applications when a party provides valid reasons for their non-appearance due to counsel's illness.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
THE FEDERAL BANK LTD – Appellant
Versus
DURGA LAKSHMI PIPES A PARTNERSHIP FIRM – Respondent
MJC NO. 33 OF 2026 | AS NO.247 OF 2003