Icici Bank Ltd vs Amrapali Tiwari
2016 Latest Caselaw 6027 Del

$~A-35
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                            Date of Decision: 15.09.2016
+    CM(M) 246/2016

      ICICI BANK LTD                                         ..... Petitioner
                   Through:              Mr.Punit Bhalla, Advocate.
                   Versus
      AMRAPALI TIWARI                                        ..... Respondent
                   Through: None.
      CORAM:
      HON'BLE MR. JUSTICE JAYANT NATH

JAYANT NATH, J. (Oral)

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/rb