Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: 12 Civ Suit 215/25
Kukku Sharma
Vs.
ICICI Bank Ltd
21.05.2026
Present: Sh. Jagdish, Ld. LAC for plaintiff alongwith
PW/plaintiff.
Ms. Palak Tyagi, Ld. counsel for defendant no. 1.
Sh. Arjun Goel, Ld. counsel for defendant no. 2
through VC.
Vide this order, I shall dispose of the application u/o
1 Rule 10 CPC filed on behalf of defendant no. 2/SBI Cards &
Payment Services Ltd.
It is submitted by Ld. LAC for plaintiff that he wish
not to file reply to application u/o 1 Rule 10 CPC and will
straight away argue on same.
Arguments advanced at length from both sides.
It is submitted by applicant/defendant no. 2 that the
applicant is only the provider of card and get back the transferred
amount in case of fradulent transaction only, so, D-2 is not
necessary party to suit.
Per contra, it is submitted on behalf of plaintiff that
defendant no. 2 has provided the customer care number to the
plaintiff for contacting the applicant regarding the transactions or
any inconvenience in transaction, so, it itself denotes that the
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defendant no. 2 is attached with liability alongwith credit card of
plaintiff.
It is further clarified by defendant no. 1 that the
defendant no. 1 has asked the plaintiff to reach out to defendant
no. 2 and in case defendant no. 2 reach out to defendant no. 1,
then, defendant no. 1 would have taken proper action, as per
banking rule for redeeming the payment.
In view of arguments advanced fom both sides, it is
clear that the defendant no. 2 cannot shirk his liability to continue
with taking care of credit card provided to plaintiff and as per
averments of plaintiff, the defendant no. 2 has not reached out to
defendant no. 1 within stipulated period of 24 hours despite the
complaint by plaintiff within 10 minutes of transaction and
hence, the defendant no. 2 is necessary party to the suit.
Accordingly, the application u/o 1 Rule 10 CPC filed by
defendant no. 2/SBI Cards & Payment Services Ltd. is dismissed.
PW-1/Kukku Sharma partly examined-in-chief and
his further examination is deferred.
Matter is adjourned for PE.
It be relisted on 12.10.2026.
AJAY KUMAR MALIK
JSCC/ASCJ/G.JUDGE (N/E)
21.05.2026
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