Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12
CS SCJ 2118/25
RITESH SAREEN Vs. HDFC BANK
07.01.2026
Present : Plaintiff in person.
Cost imposed upon the plaintiff vide order dated 12.12.2025 has not been
deposited. An application for waiver of such cost filed by the plaintiff on the ground that
the plaintiff, being a practicing advocate, had several other matters in another courts on
12.12.2025, due to which he appeared late in the present case on that date.
Perusal of last ordersheet also reveals that the plaintiff appeared late.
Accordingly, the cost imposed upon the plaintiff vide order dated 12.12.2025 is hereby
waived off.
Application is disposed off accordingly.
Matter is listed for consideration.
Arguments heard.
Briefly put, it is the case of the plaintiff that an amount of Rs.90,000/- was
illegally debited from the account of the plaintiff on 06.04.2023 to an account of
unknown person/accused without his permission. This led to registration of FIR bearing
no. 72/23 in PS: Cyber (North). It is further the case of the plaintiff that thereafter, a
debit freeze was marked in the beneficiary/transferee account by the IO in such FIR.
Thereafter, it is submitted that upon the directions of Ld. CJM concerned, an amount of
about Rs.49,999.47/- was returned to the plaintiff, however, the balance sum of amount
of Rs.40,000/- has not been returned to the plaintiff, which is his primary grievance in
the present suit.
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It is also his case that the defendant bank, despite a debit freeze put on the
beneficiary account, illegally removed such debit freeze which led to siphoning off the
plaintiff’s money by accused to other accounts and led to losses to the plaintiff.
However, in such circumstances, it is not clear as to how the defendant
bank is liable to make payment of such amount to the plaintiff and whether there is
any legal liability of the defendant bank towards the plaintiff in such factual
scenario.
At request, be adjourned for further consideration and arguments on this
aspect for 12.02.2026.
(Bharat Aggarwal)
ACJ-cum-ARC, Central
District, Tis Hazari Courts
07.01.2026
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