Order 17

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 2 CS (COMM) 236/24
ICICI BANK LTD VS. NITIN KUMAR
07.02.2026
Present: Sh.Vikas Chabbra, Ld. counsel for plaintiff through VC
Sh. Raunak Vuttsya and Sh. Abhishek Bagga, Ld. proxy counsels for
plaintiff in person.
Sh. Ashutosh Urmaliya, AR of the plaintiff.
None for the defendant. (Defendant is already ex-parte)
The matter is fixed for consideration on the application u/s 6 Rule 17 CPC
filed by the plaintiff. I have heard the Ld. proxy counsel for plaintiff on this application,
who has submitted that this case was filed online on dated 27.03.2024 and submitted that
the plaintiff has filed the suit for recorvery of Rs. 7,27,375/- and submitted that when the
matter was running at the stage of final arguments, then, he had asked to the official of the
plaintiff bank to show the statement of acccount to argue in the present matter and then, he
had come to understand that the amount of Rs. 2,00,000/- deposited by the defendant in the
loan account on dated 15.03.2024 was not reduced in the suit amount and submitted that in
view of the same, the plaintiff has filed the present application u/s 6 Rule 17 CPC, so that,
the suit amount as mentioned in the head note of the plaint may be incorporated as suit for
recovery of Rs. 5,37,749/- in place of suit for recovery of Rs. 7,27,375/-. He has also
submitted that in consequence, thereof, the plaintiff is also desirous to add para no. 9A in the
plaint and the plaintiff is also desirous to amend para no. 13, wherein, the amount of Rs.
5,37,749/- is sought to be incorporated wherein the earlier suit amount was mentioned as
Rs. 7,27,375/-. He has also submitted that the plaintiff is also desrious to amend the para no.
15, which is relating to the cause of action and in the said para the date of such part payment
of Rs. 2,00,000/- as 15.03.2024 is also sought to be incorporated and similarly, in the para
no. 17, which is relating to the valuation of the suit, the amendement is also sought in
respect of the suit amount. And the plaintiff is also desirous amend prayer clause ‘a’ wherein
the amount of Rs. 5,37,749/- is sought to be incorporated alongwith the date 15.03.2024 and
submitted that amendment are essential for the proper adjudication of the case and prayed
for allowing this application u/s 6 Rule 17 CPC.
I have heard to the Ld. counsel for plaintiff and perused the record.
The perusal of the record reveals that the plaintiff has filed the present suit for
the recovery of Rs. 7,27,375/- alongwith interest and cost on dated 27.03.2024 on the e-
portal of the Court and defendant has already been proceeded ex-parte and ex-parte
-- 1 of 2 --
evidence was led on dated 03.12.2025, but, when the matter is running at the stage of final
arguments, this application for amendment is filed.
Since, the Ld. counsel for plaintiff has submitted that on dated 15.03.2024, an
amount of Rs. 2,00,000/- were deposited by the defendant in the loan account, so, in the
considered opinion of this Court, it was the duty of the plaintiff to write correct suit amount
and to file the correct documents to fortify it’s claim, but the plaintiff remained negligent as
it had sought to recover the amount of Rs. 7,27,375/- whereas the defendant had also
deposited Rs. 2,00,000/- on dated 15.03.2024 as even at the time of evidence, the AR of the
plantiff did not choose to rectify the same error in the same amount, which shows the
negligent conduct of the AR of the plaintiff bank and these amendments have been sought at
the time of final arguments. However, in view of the submissions made by the Ld. counsel
for plaintiff and in the interest of justice, this application for amendment stands allowed and
amended plaint and duplicate amended plaint are taken on the record.
The plaintiff has also filed another application under 11 Rule 1 (5) of CPC.
But, the AR of the plaintiff has sought permission to withdraw the said application in view
of non-incorporation of dates of the statement of account, with the liberty to file afresh
similar application. In view of the statement of the AR of the plaintiff recorded today in the
court, the application filed by the plaintiff under order 11 Rule 1 (5) of CPC is dismissed as
withdrawn. The plaintiff will be at liberty to file afresh similar application.
At this stage, Ld. counsel for plaintiff has submitted that the plaintiff has also
filed an application under order 18 Rule 17 r/w Section 151 of CPC and seeks adjournment,
so that, the arguments on the said application may be advanced with another application
under order 11 Rule 1 (5) of CPC to be filed in the Court. Accordingly, matter stands
adjourned for 06.03.2026 for consideration on the application order 18 Rule 17 r/w Section
151 of CPC.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/07.02.2026
-- 2 of 2 --