Order 9

Order Details: COPY OF ORDER
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10 CS (COMM) 236/24
Icici Bank Ltd Vs. Nitin Kumar
05.07.2025
Present : Sh. Vikas Chhabra, Ld. Counsel for the plaintiff (through VC).
Ms. Gauri Batra, Ld. Proxy Counsel for the plaintiff (through VC).
None for the defendant (defendant already exparte).
Earlier, the matter was fixed for 18.01.2025 for hearing exparte final
arguments. On that day, the Ld. Counsel for the plaintiff had filed an application under Order
6 Rule 17 r/w Section 151 of CPC for amendment of the plaint, another application u/o 11
Rule 1 (5) and another application u/o 18 Rule 17 r/w section 151 of CPC. The notices of the
said applications were ordered to be served to the defendant by way of publication in the
newspaper for 29.03.2025. The notices to the defendant were served to the defendant by way
of publication thereof in the newspaper ‘The Statesman’ in it’s Delhi Edition dated
18.02.2025 for 29.03.2025. On dated 29.03.2025, I had gone to attend the National
Conference on Environment, 2025 at Vigyan Bhawan, New Delhi. The perusal of the record
reveals that on dated 29.03.2025, no one had appeared on behalf of defendant. So, the reader
posted in this court had adjourned the matter for 03.05.2025. Even on dated 03.05.2025, I
had gone to attend a National Seminar in the National Judicial Academy at Bhopal, so, the
reader posted in this court had adjourned the matter for today. Perusal of the record reveals
that even on dated 03.05.2025 no one had appeared on behalf of the defendant so, the reader
posted in this court had adjourned the matter for today. Today also despite of repeated calls
no one has appeared on behalf of the defendant till 01.07 P.M. Matter stands passover till
2.30 P.M. for awaiting the defendant.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/05.07.2025
At 2.30 P.M.
Present : None for the plaintiff.
None for the defendant (defendant already exparte).
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Earlier, the matter was fixed for 18.01.2025 for hearing exparte final
arguments. On that day, the Ld. Counsel for the plaintiff had filed an application under Order
6 Rule 17 r/w Section 151 of CPC for amendment of the plaint, another application u/o 11
Rule 1 (5) and another application u/o 18 Rule 17 r/w section 151 of CPC. The notices of the
said applications were ordered to be served to the defendant by way of publication in the
newspaper for 29.03.2025. The notices to the defendant were served to the defendant by way
of publication thereof in the newspaper ‘The Statesman’ in it’s Delhi Edition dated
18.02.2025 for 29.03.2025. On dated 29.03.2025, I had gone to attend the National
Conference on Environment, 2025 at Vigyan Bhawan, New Delhi. The perusal of the record
reveals that on dated 29.03.2025, no one had appeared on behalf of defendant. So, the reader
posted in this court had adjourned the matter for 03.05.2025. Even on dated 03.05.2025, I
had gone to attend a National Seminar in the National Judicial Academy at Bhopal, so, the
reader posted in this court had adjourned the matter for today. Perusal of the record reveals
that even on dated 03.05.2025 no one had appeared on behalf of the defendant so, the reader
posted in this court had adjourned the matter for today. Today also despite of repeated calls
since morning, no one has appeared on behalf of the defendant till 2.31 P.M Since, advocates
are observing strike today.
Accordingly, matter stands adjourned for awaiting the defendant and also for
filing replies and arguments on the said applications. The defendant is directed to file replies
to the said application atleast two days prior to the next date of hearing and to supply
advance copies thereof to the plaintiff or it’s counsel in similar fashion.
To come up on 12.08.2025.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/05.07.2025
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