Icici Bank Ltd. vs Astha Kumar & Anr. on 6 November, 2015

ADVOCATES WHO APPEARED IN THIS CASE:
For the Appellant: Mr Punit K. Bhalla & Ms Chetna Bhalla, Advocates
For the Respondent: None.
CORAM :-
HON’BLE MR JUSTICE RAJIV SHAKDHER

RAJIV SHAKDHER, J
1. This is an appeal against the judgement and decree passed by the
learned ADJ-II Central/ Delhi, dated 16.04.2015. The learned ADJ by virtue
of the impugned judgement and decree has returned the plaint.
1.1 The appellant (i.e. the plaintiff in the suit), being aggrieved, has
moved this court by way of the instant appeal.
2. The brief facts, which one is required to note, in order to adjudicate
upon this appeal are as follows:
2.1 It is the case of the appellant that it had extended a loan to the
respondents herein (i.e. the defendants), for purchase of a vehicle. The
agreement arrived at in this regard was translated into a loan agreement/ a
credit facility application form dated 20.01.2012 (hereafter referred to as the
loan agreement). Along with the loan agreement, two sets of documents

FAO 214/2015 Page 1 of 17
were also executed, firstly, an unattested deed of hypothecation; and
secondly, an irrevocable power of attorney (collectively referred to as
documents). The said documents were also executed on the same date i.e.
20.01.2012.

Source: Indian Kanoon

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