Final Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc. DJ No.: 621/24
ICICI Bank Limited v. Mukesh Kumar
10.12.2024
Present: Mr. Rajesh Kumar, Advocate for the applicant/plaintiff.
An affidavit sworn by Jitender Mehndiratta, the AR of the
applicant is filed by counsel for the applicant along with a document
purporting to be copy of notice under section 91/160 of Cr.P.C.
2. This is an application for return of documents made on
behalf of ICICI Bank Ltd., who was the plaintiff in CS (COMM) No.
4054 of 2021, received on 24.10.2024. The relevant part of the
application reads as follows:
MOST RESPECTFULLY SHOWETH:
1. That the above matter was pending before the Hon’ble court and
suit was decided by this court.
2. That plaintiff bank seeks permission to receive the original loan
documents.
3. That the plaintiff bank is filing certified copy of loan documents.
In the facts and circumstances mentioned herein above, it is therefore,
most respectfully prayed that this Hon’ble Court may graciously be
pleased to:
a) allow the present application and give permission to receive
the original loan documents:
b) allow to place on record original loan documents;
c) Pass such other/further order (s) as this Hon’ble Court may
deem fit and proper in the interest of justice.
Through
Sd/-
NEW DELHI (CHETNA BHALLA)
DATED: 24/09/2024
Contd...
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3. Heard. Having drawn the attention of the court on the
contents of the application it is submitted by counsel for the applicant
/plaintiff that the applicant has received a notice from the Economic
Offence Wing, Mandir Marg, New Delhi in FIR No. 65/2022, and in
compliance of the said notice the applicant has to submit original loan
documents to the IO. It is further submitted that by counsel for the
applicant that the suit has already been decided by this court, therefore,
original loan documents may be returned to the plaintiff.
4. I have given my thoughtful consideration to the submissions
made on behalf of the applicant.
5. In the entire application extracted hereinabove it has not
been mentioned by the applicant as to which specific document(s) it
wants this court to return to it. The application is vague. The prayer
clause (b) of the application does not make any sense. Since in the entire
application it has not been mentioned as to which specific document(s)
the applicant wants this court to return, therefore, the relief sought by
way of the present applicant can not be granted. The application is
dismissed. File be sent to records.
(MANOJ KUMAR-1)
District Judge- Commercial Court-05
Central District:Tis Hazari:Delhi
10.12.2024
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