ICICI BANK LTD v. JITENDRA SHARMA & ORS.

Delhi High Court · 15 Sep 2016 · 2016:DHC:6520
JAYANT NATH
CM(M) 248/2016
2016:DHC:6520
civil appeal_allowed

AI Summary

The High Court set aside the trial court's procedural order and directed it to issue summons and proceed with the suit as per the Civil Procedure Code.

Full Text
Translation output
HIGH COURT OF DELHI
Date of Decision: 15.09.2016
CM(M) 248/2016
ICICI BANK LTD ..... Petitioner
Through: Mr.Punit Bhalla, Advocate.
VERSUS
JITENDRA SHARMA & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J. (Oral)
JUDGMENT

1. By the present petition, the petitioner seeks to impugn the order dated 21.12.2015 passed by the trial court.

2. A similar order passed in CS No. 126/2015 on 21.12.2015 was challenged by the petitioner in CM(M) 222/2016 titled as “ICICI vs. Astha Kumar& Anr.”. By order dated 15.09.2016, this court quashed the said order issuing a direction that summons be issued to the defendants returnable for a date to be fixed forthwith by the trial court. Thereafter, the trial court has been directed to proceed with adjudication of the suit in accordance with the procedure stated in the Civil Procedure Code.

3. For the reasons stated in the said order dated 15.09.2016 passed in CM(M) 222/2016 titled as “ICICI vs. Astha Kumar & Anr.”, the present impugned order is also set aside. The same directions are passed in the present matter as noted above.

4. The petition stands disposed of.

JAYANT NATH, J. SEPTEMBER 15, 2016