Final Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: MISC DJ 1654/25
UNION BANK OF INDIA Vs. T A JAYA PRAKASH PROP OF
MS PRANAV TRADERS
09.02.2026
Present: Sh. M. Subramaniam, Ld. Counsel for the applicant /
defendant.
Sh. Aditya Chaudhary, Ld. Counsel for the non
applicant / plaintiff through VC.
1. Ld. Counsel for the non applicant / plaintiff submits
that he does not want to file reply to the application u/O 9 rule 13
r/w. Sec. 151 CPC moved on behalf of the applicant / defendant
and he will straightaway address arguments on the said
application.
2. Arguments heard on the above application u/O 9 rule
13 r/w. Sec. 151 CPC.
3. The present application u/O 9 rule 13 r/w. Sec. 151
CPC has been moved by the applicant / defendant to set aside the
judgment / decree dated 12.09.2025.
4. Facts necessary for disposal of the present
application are that the plaintiff bank has filed the present suit for
recovery of Rs. 4,99,519.63/- and due amount against applicant /
defendant. It is asserted in the plaint that the applicant /
defendant, being proprietor of M/s. Pranav Traders, approached
the plaintiff bank for grant of credit facility to the tune of Rs.
4,50,000/-. The said credit facility was sanctioned by the
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plaintiff bank to the defendant vide sanction order dated
26.10.2015. But thereafter, the defendant had failed to repay the
plaintiff bank’s money. Hence, the present suit was filed.
5. The perusal of file reveals that the summmons of
the suit were issued to the defendant on 01.03.2024. As the
defendant was not served on first occasion, but subsequently, the
defendant was served and he has put his appearance on
26.10.2024. Thereafter, the case was adjourned for filing of
written statement on behalf of the defendant and the case was
posted for 24.02.2025. But the defendant has not filed his
written statement, hence, the opportunity to file the written
statement of the applicant / defendant was closed and the case
was posted for evidence. But thereafter, the defendant has failed
to appear before the Court till the final disposal of the case which
has been disposed of vide judgment / decree dated 12.09.2025.
6. The reason mentioned in the application by the
defendant is that he could not file the written statement and could
not appear before Court, as he has to visit his old aged ailing
mother in law. But the applicant / defendant has nowhere
discloses the dates on which he had visited Kerala to look after
his ailing mother in law. There is no document of his mother in
law showing the Court that she was ailing. There is no document
of any age proof of his mother in law on the record being filed by
the applicant / defendant. There is no other material being placed
on the record that there was no other person in the family of his
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mother in law to look after the ailing mother in law.
7. The above application being moved by the
applicant / defendant is devoid of merit. Same is dismissed.
8. The above application / file be tagged with the main
file and be consigned to the Record Room.
(JAGDISH KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
09.02.2026
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