Interim Order 19

Order Details: COPY OF ORDER
Pdf Text: 11 CS (COMM) 236/24 Icici Bank Ltd Vs. Nitin Kumar
27.07.2026
Present: Sh. Vikas Chabbra, Ld. Counsel for the plaintiff (through
VC).
None for the defendant (Defendant already exparte).
The matter is fixed for consideration on the application
under Order 11 Rule 1 (5) of CPC. I have heard the Ld. Counsel for the
plaintiff, who has submitted that earlier, vide order dated 07.02.2026,
this court had allowed an application under Order 6 rule 17 of CPC filed
by the plaintiff and submitted that since the amendment has already
been allowed by this court, so in order to lead the evidence regarding the
amended amount, the plaintiff has moved this application to file the
additional documents. i.e. the statement of account of the defendant
w.e.f. 02.03.2024 till 02.01.2026 and submitted that since prior to the
filing of the present suit, the defendant had made certain payment,
which earlier could not be reflected in the plaint and by way of
amendment, the suit amount was reduced and in order to fortify the
contentions, this statement of account is essential for proper
adjudication of the case and submitted that copy of the statement of
account was filed in the court on dated 08.01.2026, so, this application
under Order 11 Rule 1 (5) of CPC may be allowed and the said
statement of account and an affidavit filed under Order 11 Rule 6 of
CPC along with this application may be taken on the record.
Having heard to the Ld. Counsel for the plaintiff. This court has
perused the record.
The perusal of the record reveals that the earlier the plaintiff had
sought an amendment in the plaint regarding the suit amount and the
said application was allowed by this court, vide order dated 07.02.2026
and in consequence thereof, the plaintiff has sought to file this additional
document i.e. statement of account 02.03.2024 to 02.01.2026 by way of
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moving this application under consideration. Since, the defendant is
already exparte in the present matter and filing of the said document is
essential for proper adjudication of the case, therefore, this application
under Order 11 Rule 1 (5) of CPC filed by the plaintiff stands allowed
and the copy of the statement of account filed in the court on dated
08.01.2026 and affidavit under Order 11 Rule 6 of CPC filed in the court
on 24.03.2026 are taken on the record. In the abovesaid terms, the said
application stands disposed off.
The matter stands adjourned for exparte evidence of the
plaintiff. To come up on 19.08.2026.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/27.07.2026
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