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CS (COMM) - CIVIL SUIT (COMMERCIAL)

BANK OF INDIAVsKavita Ghai

CNR DLSH010003452024767-District Judge Commercial Court-02
Karkardooma Shahdara, District Sessions Court
delhi · Delhi (DL)
CASE DISPOSED
Contested--DECREED
Decision Date: 19th October 2024

TrustJury record updated 22 Oct 2026

Case Overview

Registration Number
48/2024
Registration Date
16 Jan 2024

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1BANK OF INDIA

    Respondent

    1. 1Kavita Ghai

    Acts & Sections

    1
    Civil Procedure Code 1908 · Sec 9

    Case History / Proceedings

    Case History
    Date: 19-01-2024
Business: submissions heard put up for consideration of application
Next Purpose: Case Management Hear/Pre--Trial Conference
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: arguments heard on application U/o 6/17 allowed and disposed  put up for service w.s. and issues
Next Purpose: Case Management Hear/Pre--Trial Conference
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: arguments heard on application allowed and disposed off put up  for service w.s. and issues
Next Purpose: Case Management Hear/Pre--Trial Conference
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: submissions heard put up for consideration of application
Next Purpose: Misc. Arguments
Next Hearing Date: 13-05-2024

Date: 13-05-2024
Business: none for deft no 2 and 3 hence proceed exparte  put up for filing w.s. for deft. no. 1 with app
Next Purpose: Misc. Arguments
Next Hearing Date: 28-05-2024

Date: 28-05-2024
Business: arguments heard on applications allowed and disposed off put up for issues
Next Purpose: Issues
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: admissions denial carried and issues framed put up for PE
Next Purpose: Plaintiff/Petitioner Evidence
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: pw1 is examined cross deferred  put up for PE
Next Purpose: Plaintiff/Petitioner Evidence
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: pw1 is cross examined PE closed put up for DE
Next Purpose: Defendant/Respondent Evidence
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Reason For Adjournment: Judge on Leave
Next Purpose: Defendant/Respondent Evidence
Next Hearing Date: 17-09-2024

Date: 17-09-2024
Business: DE closed put up for F/a
Next Purpose: Final Arguments
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: further arguments heard put up for orders
Next Purpose: Judgement
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: order could not completed put up for purpose fixed
Next Purpose: Judgement
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: ld p.o. has gone DLSA to take interview of panel lawyers
Next Purpose: Judgement
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: The suit of the plaintiff is decreed. File consigned to RR
Nature Of Disposal: DECREED
Disposal Date: 19-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 174/2024
Filing Date: 15-01-2024
eFiling Number: ADL20230000823C202400003
eFiling Date: 14-01-2024
First Hearing Date: 19th January 2024
Decision Date: 19th October 2024
Court Number And Judge: 767-District Judge Commercial Court-02

    Orders

    28
    Final Order 15Full order available
    19 Oct 2024

    Order Details: COPY OF ORDER Pdf Text: CS (COMM) 48/24 Bank Of India Vs. Kavita Ghai 19.10.2024 Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff through VC. Sh. Rajesh Kumar, Ld. LAC for defendant through VC. Defendant had appeared on the last date of hearing and had submitted that her mobile number is 7827688552. Vide separate judgment, the suit of the plaintiff Bank is hereby decreed in its favour and against the defendant no.1, 2 and 3 for a principal…

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    Final Order 14Full order available
    19 Oct 2024

    Order Details: COPY OF JUDGMENT Pdf Text: IN THE COURT OF MS. KIRAN BANSAL: DISTRICT JUDGE (COMMERCIAL COURT) SHAHDARA DISTRICT, KARKARDOOMA COURTS : DELHI CS (COMM) NO. 48/2024 BANK OF INDIA, Gandhi Nagar Branch, Through its Authorized Representative, Branch Office at: X/918, Chand Mohalla, Gandhi Nagar Delhi ….. Plaintiff Versus 1. Mrs. Kavita Ghai …... Defendant no.1 W/o Sh. Harish Kumar And 2. Sh. Harish Kumar …... Defendant no.2 S/o Sh. Mahender Pal Both are: R/o Flat No. 711, Type…

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    Interim Order 13
    16 Oct 2024
    Order Details: COPY OF ORDER
Pdf Text: 16 CS (COMM) 48/24
Bank Of India
Vs.
Kavita Ghai
16.10.2024
Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff.
Sh. Rajesh Kumar, Ld. LAC for defendant.
Matter is fixed for judgment today.
No time left as undersinged has to take interview of panel
lawyers of DLSA after post-lunch.
Order could not be completed.
Put up for order on 19.10.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 16.10.2024.
-- 1 of 1 --
    Interim Order 12
    09 Oct 2024
    Order Details: COPY OF ORDER
Pdf Text: 20 CS (COMM) 48/24
Bank Of India
Vs.
Kavita Ghai
09.10.2024
Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff.
None for defendant.
Matter is fixed for judgment today. However, order could not be
completed.
Put up for orders on 16.10.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 09.10.2024.
-- 1 of 1 --
    Interim Order 11
    25 Sept 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 48/24
Bank Of India
Vs.
Kavita Ghai
25.09.2024
Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff.
Sh. Rajesh Kumar, Ld. Legal Aid Counsel for defendant.
Part arguments heard.
Put up for further arguments on 09.10.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 25.09.2024
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    Interim Order 10Full order available
    17 Sept 2024

    Order Details: COPY OF ORDER Pdf Text: 17 CS (COMM) 48/24 Bank Of India Vs. Kavita Ghai 17.09.2024 Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff. Sh. Rajesh Kumar, Ld. LAC for defendant. Evidence affidavit of defendant not filed till date nor any advance copy given. Counsel for plaintiff submits that another matter between the parties is pending in the Court of Ld. Civil Judge, Sh. Akash Mohan Singh and it was directed that the defendant be served with the…

    Read Full Order
    Interim Order 9
    23 Aug 2024
    Order Details: COPY OF ORDER
Pdf Text: 8 CS (COMM) 48/24
Bank Of India
Vs.
Kavita Ghai
23.08.2024
Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff along with AR of
plaintiff bank Ms. Deepa Agrawal.
Sh. Rajesh Kumar, Ld. LAC for defendant.
PW1 cross-examined and discharged.
Ld. Counsel for plaintiff submits that plaintiff does not want to
examine any other witness. Separate statement of plaintiff to this effect
recorded. In view of statement made, PE stands closed.
Affidavit of defendant not filed till date.
Ld. LAC for defendant submits that he had contacted the
defendant 4-5 days back but the defendant is not responding and therefore, he
could not prepare the DE. In the interest of justice, one more opportunity is
granted to the defendant to lead DE.
Put up for DE as well as final arguments on 04.09.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 23.08.2024.
-- 1 of 1 --
    Interim Order 8
    07 Aug 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 48/24
Bank Of India
Vs.
Kavita Ghai
07.08.2024
Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff.
Sh. Rajesh Kumar, Ld. LAC and Sh. Sushil Kumar Tiwari, Ld.
Counsels for defendant.
Evidence by way of affidavit of PW-1 tendered and examined.
Cross examination is deferred at the request of ld. counsel for defendant as the
copy of the affidavit has been supplied yesterday only through email.
Original documents filed. Same are taken on record.
Date of 14.08.2024 and 20.08.2024 stands cancelled at the request of
both respective counsels.
Put up for PE as well as DE on 23.08.2024
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 07.08.2024
-- 1 of 1 --
    Interim Order 7Full order available
    10 Jul 2024

    Order Details: COPY OF ORDER Pdf Text: 6 CS (COMM) 48/24 Bank Of India Vs. Kavita Ghai 10.07.2024 Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff. Sh. Rajesh Kumar, Ld. LAC for defendant no.1 Kavita Ghai. Defendant no.2 & 3 are already ex parte. Replication on behalf of plaintiff already filed. Copy stated to have been supplied. Affidavit of admission and denial of documents already filed by the defendant. Heard. Perused the record. The defendant in her affidavit of admission/denial…

    Read Full Order
    Interim Order 6Full order available
    28 May 2024

    Order Details: COPY OF ORDER Pdf Text: 1/4 14 CS (COMM) 48/24 Bank Of India Vs. Kavita Ghai 28.05.2024 Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff. Sh. Rajesh Kumar, Ld. LAC for defendant no.1 along-with defendant no.1. None for defendant no.2 & 3. Defendants no.2 & 3 are already ex parte. WS along-with affidavit, statement of truth, affidavit of admission/denial of documents filed on behalf of defendant. An application under Order VIII Rule 1 CPC also filed on behalf…

    Read Full Order
    Interim Order 5Full order available
    13 May 2024

    Order Details: COPY OF ORDER Pdf Text: 15CS (COMM)48/24 Bank Of India Vs. Kavita Ghai 13.05.2024 Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff. Sh. Rajesh Kumar, Ld. LAC for defendant no.1. None for defendant no.2 & 3. It is stated that the case has been assigned to the ld. LAC on behalf of defendant no.1 on 03.05.2024 and thereafter, sometime is sought by the ld. LAC to file the WS along with an application under Order VIII Rule 1…

    Read Full Order
    Interim Order 4Full order available
    24 Apr 2024

    Order Details: COPY OF ORDER Pdf Text: 10CS (COMM)48/24 Bank Of India Vs. Kavita Ghai 24.04.2024 Present: Sh. Vinay Kumar Pandey, Ld. Counsel for plaintiff. None for defendant. Summons issued to defendant no.1 and 2 through process server not returned back. Summons issued to defendant no.3 through process server returned back unserved. However, tracking report and postal receipt filed, as per the tracking report and postal receipt, summons issued to the defendant nos. 1 and 2 have been served on…

    Read Full Order
    Interim Order 3Full order available
    22 Mar 2024

    Order Details: COPY OF ORDER Pdf Text: CS (COMM) 48/24 BANK OF INDIA VS. KAVITA GHAI 22.03.2024 Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff. None for the defendant. An application under Order XI Rule 5 of Commercial Courts Act 2015 read with Section 151 CPC for taking on record additional documents filed. It is stated by the counsel that wrong provision has been mentioned in the application under Order XI Rule 5 of Commercial Courts Act 2015 and the…

    Read Full Order
    Interim Order 2Full order available
    06 Feb 2024

    Order Details: COPY OF ORDER Pdf Text: 18CS (COMM)48/24 Bank Of India Vs. Kavita Ghai 06.02.2024 Present: Sh. Vinay Kumar Pandey, Ld. Counsel for the plaintiff physically in Court. Sh. Deokant Tripathi, Ld. Counsel for the plaintiff through VC. An amendment application moved on behalf of plaintiff under Order VI Rule 17 CPC for amendment of the plaint giving bifurcation of the interest and the principal amount as well as to state the amount claimed separately qua two separate loan.…

    Read Full Order
    Interim Order 1
    19 Jan 2024
    Order Details: COPY OF ORDER
Pdf Text: 9CS (COMM)48/24
Bank Of India
Vs.
Kavita Ghai
19.01.2024
Fresh suit received on assignment basis. It be checked and
registered as per rules.
Present: Sh. Vinay Kumar Pandey, Ld. Counsel for plaintiff.
The present suit has been filed for recovery of sum of
Rs.16,48,507.27/- along with future interest in favour of the plaintiff and
against the defendant till realization of the suit. However, the plaintiff has not
bifurcated the interest and the principal amount as per Order VII Rule 2A
CPC. Even, the amount claimed is in respect of the two different loans, one
was the Home Loan and the other was the Topup Loan Facility. The amount
claimed in both the loans, principal amount as well as interest has not been
given separately by the plaintiff.
Plaintiff to clarify the amount claimed qua each loan separately
as well as bifurcate the interest as per Order VII Rule 2A CPC.
At request, put up on 06.02.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 19.01.2024.
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    Order 13
    16 Oct 2024
    Order Details: COPY OF ORDER
Pdf Text: 16 CS (COMM) 48/24
Bank Of India
Vs.
Kavita Ghai
16.10.2024
Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff.
Sh. Rajesh Kumar, Ld. LAC for defendant.
Matter is fixed for judgment today.
No time left as undersinged has to take interview of panel
lawyers of DLSA after post-lunch.
Order could not be completed.
Put up for order on 19.10.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 16.10.2024.
-- 1 of 1 --
    Order 12
    09 Oct 2024
    Order Details: COPY OF ORDER
Pdf Text: 20 CS (COMM) 48/24
Bank Of India
Vs.
Kavita Ghai
09.10.2024
Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff.
None for defendant.
Matter is fixed for judgment today. However, order could not be
completed.
Put up for orders on 16.10.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 09.10.2024.
-- 1 of 1 --
    Order 11
    25 Sept 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 48/24
Bank Of India
Vs.
Kavita Ghai
25.09.2024
Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff.
Sh. Rajesh Kumar, Ld. Legal Aid Counsel for defendant.
Part arguments heard.
Put up for further arguments on 09.10.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 25.09.2024
-- 1 of 1 --
    Order 10Full order available
    17 Sept 2024

    Order Details: COPY OF ORDER Pdf Text: 17 CS (COMM) 48/24 Bank Of India Vs. Kavita Ghai 17.09.2024 Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff. Sh. Rajesh Kumar, Ld. LAC for defendant. Evidence affidavit of defendant not filed till date nor any advance copy given. Counsel for plaintiff submits that another matter between the parties is pending in the Court of Ld. Civil Judge, Sh. Akash Mohan Singh and it was directed that the defendant be served with the…

    Read Full Order
    Order 9
    23 Aug 2024
    Order Details: COPY OF ORDER
Pdf Text: 8 CS (COMM) 48/24
Bank Of India
Vs.
Kavita Ghai
23.08.2024
Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff along with AR of
plaintiff bank Ms. Deepa Agrawal.
Sh. Rajesh Kumar, Ld. LAC for defendant.
PW1 cross-examined and discharged.
Ld. Counsel for plaintiff submits that plaintiff does not want to
examine any other witness. Separate statement of plaintiff to this effect
recorded. In view of statement made, PE stands closed.
Affidavit of defendant not filed till date.
Ld. LAC for defendant submits that he had contacted the
defendant 4-5 days back but the defendant is not responding and therefore, he
could not prepare the DE. In the interest of justice, one more opportunity is
granted to the defendant to lead DE.
Put up for DE as well as final arguments on 04.09.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 23.08.2024.
-- 1 of 1 --
    Order 8
    07 Aug 2024
    Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 48/24
Bank Of India
Vs.
Kavita Ghai
07.08.2024
Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff.
Sh. Rajesh Kumar, Ld. LAC and Sh. Sushil Kumar Tiwari, Ld.
Counsels for defendant.
Evidence by way of affidavit of PW-1 tendered and examined.
Cross examination is deferred at the request of ld. counsel for defendant as the
copy of the affidavit has been supplied yesterday only through email.
Original documents filed. Same are taken on record.
Date of 14.08.2024 and 20.08.2024 stands cancelled at the request of
both respective counsels.
Put up for PE as well as DE on 23.08.2024
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 07.08.2024
-- 1 of 1 --
    Order 7Full order available
    10 Jul 2024

    Order Details: COPY OF ORDER Pdf Text: 6 CS (COMM) 48/24 Bank Of India Vs. Kavita Ghai 10.07.2024 Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff. Sh. Rajesh Kumar, Ld. LAC for defendant no.1 Kavita Ghai. Defendant no.2 & 3 are already ex parte. Replication on behalf of plaintiff already filed. Copy stated to have been supplied. Affidavit of admission and denial of documents already filed by the defendant. Heard. Perused the record. The defendant in her affidavit of admission/denial…

    Read Full Order
    Order 6Full order available
    28 May 2024

    Order Details: COPY OF ORDER Pdf Text: 1/4 14 CS (COMM) 48/24 Bank Of India Vs. Kavita Ghai 28.05.2024 Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff. Sh. Rajesh Kumar, Ld. LAC for defendant no.1 along-with defendant no.1. None for defendant no.2 & 3. Defendants no.2 & 3 are already ex parte. WS along-with affidavit, statement of truth, affidavit of admission/denial of documents filed on behalf of defendant. An application under Order VIII Rule 1 CPC also filed on behalf…

    Read Full Order
    Order 5Full order available
    13 May 2024

    Order Details: COPY OF ORDER Pdf Text: 15CS (COMM)48/24 Bank Of India Vs. Kavita Ghai 13.05.2024 Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff. Sh. Rajesh Kumar, Ld. LAC for defendant no.1. None for defendant no.2 & 3. It is stated that the case has been assigned to the ld. LAC on behalf of defendant no.1 on 03.05.2024 and thereafter, sometime is sought by the ld. LAC to file the WS along with an application under Order VIII Rule 1…

    Read Full Order
    Order 4Full order available
    24 Apr 2024

    Order Details: COPY OF ORDER Pdf Text: 10CS (COMM)48/24 Bank Of India Vs. Kavita Ghai 24.04.2024 Present: Sh. Vinay Kumar Pandey, Ld. Counsel for plaintiff. None for defendant. Summons issued to defendant no.1 and 2 through process server not returned back. Summons issued to defendant no.3 through process server returned back unserved. However, tracking report and postal receipt filed, as per the tracking report and postal receipt, summons issued to the defendant nos. 1 and 2 have been served on…

    Read Full Order
    Order 3Full order available
    22 Mar 2024

    Order Details: COPY OF ORDER Pdf Text: CS (COMM) 48/24 BANK OF INDIA VS. KAVITA GHAI 22.03.2024 Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff. None for the defendant. An application under Order XI Rule 5 of Commercial Courts Act 2015 read with Section 151 CPC for taking on record additional documents filed. It is stated by the counsel that wrong provision has been mentioned in the application under Order XI Rule 5 of Commercial Courts Act 2015 and the…

    Read Full Order
    Order 2Full order available
    06 Feb 2024

    Order Details: COPY OF ORDER Pdf Text: 18CS (COMM)48/24 Bank Of India Vs. Kavita Ghai 06.02.2024 Present: Sh. Vinay Kumar Pandey, Ld. Counsel for the plaintiff physically in Court. Sh. Deokant Tripathi, Ld. Counsel for the plaintiff through VC. An amendment application moved on behalf of plaintiff under Order VI Rule 17 CPC for amendment of the plaint giving bifurcation of the interest and the principal amount as well as to state the amount claimed separately qua two separate loan.…

    Read Full Order
    Order 1
    19 Jan 2024
    Order Details: COPY OF ORDER
Pdf Text: 9CS (COMM)48/24
Bank Of India
Vs.
Kavita Ghai
19.01.2024
Fresh suit received on assignment basis. It be checked and
registered as per rules.
Present: Sh. Vinay Kumar Pandey, Ld. Counsel for plaintiff.
The present suit has been filed for recovery of sum of
Rs.16,48,507.27/- along with future interest in favour of the plaintiff and
against the defendant till realization of the suit. However, the plaintiff has not
bifurcated the interest and the principal amount as per Order VII Rule 2A
CPC. Even, the amount claimed is in respect of the two different loans, one
was the Home Loan and the other was the Topup Loan Facility. The amount
claimed in both the loans, principal amount as well as interest has not been
given separately by the plaintiff.
Plaintiff to clarify the amount claimed qua each loan separately
as well as bifurcate the interest as per Order VII Rule 2A CPC.
At request, put up on 06.02.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 19.01.2024.
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