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HIGH COURT OF DELHI
Date of Decision: 12th April, 2023
ICICI BANK LTD. ..... Appellant
Through: Mr. Kushagra Kumar & Mr. Abhinav Bhardwaj, Advocates.
Through: None.
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
1. Vide the present appeal, the appellant is seeking following reliefs: “a.) Call upon the record of the suit bearing no. CS (Commercial) No. 709/2022 wherein the impugned order dated 19.01.2023 is passed by Ld. Court of Sh. Mukesh Kumar Gupta, Ld. District Judge, (Digital Commercial Court)-04, South District, Delhi, titled as "ICICI BANK LTD.
VS SUDEEP NASKAR; b) Pass an ex-parte, ad-interim order appointing Mr.
KUMAR AMRIT (Photocopy of his ID attached herewith), the Representative, of the Petitioner Bank i.e. Plaintiff Bank as the Receiver to take into his custody by repossessing the said hypothecated Vehicle i.e. "IGNIS/ZETA PETROL" bearing Registration No. "UP-16BP-1787 " from whosoever it is found and in whosoever possession it is found and also empower the receiver so appointed to sell the same and pay of the sale proceed to the plaintiff bank to be adjusted in the decreetal amount; NEUTRAL CITATION NUMBER: 2023:DHC:2524-DB FAO (COMM) 84/2023 c) Pass an ex-parte, ad-interim orders granting police aid to the Receiver, for taking control and possession of the "said vehicle; d) Confirm the above said ex-parte orders, after-notice to the defendant.”
2. We have perused the file and the Orders dated 19.01.2023 and 02.03.2023 passed by the learned District Judge, Commercial Court-04, South, Saket Courts, New Delhi, the application for appointment of Receiver has neither been considered, rejected nor notice issued by the learned District Judge.
3. Accordingly, there is no order to be impugned in the present appeal, and the same is hereby dismissed along with pending applications.
(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)
JUDGE APRIL 12, 2023 S.Sharma