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2016 Supreme(Del) 226

PRADEEP NANDRAJOG, MUKTA GUPTA
European Motor Works Private Limited – Appellant
Versus
ICICI Bank Limited – Respondent


Advocates:
Advocate Appeared:
Mr. Amit Mishra
Mr. Puneet K.Bhalla, for R-1 Ms. Amita Dhall, for R-2 and R-3 Mr. P.R. Chopra, for R-4

JUDGMENT :

Pradeep Nandrajog, J.

1. Having heard learned counsel for the parties, we find inchoate pleadings by the respondent bank in its application under Order 1 Rule 10 of the Code of Civil Procedure seeking impleadment of the writ petitioner.

2. Concededly the transaction was between ICICI Bank and Link Engineers Private Ltd. with co-borrower being Siddharth Sikka. Loan was sanctioned to purchase a ‘PILOTE FIAT DUCATO/MOTORHOME P 730 LACA’ (a motor vehicle).

3. It appears that the petitioner was to facilitate the purchase of vehicle i.e. to either act as an agent or render service for the import of the vehicle, and out of the loan amount sanctioned in sum of Rs. 80,40,000/- (Rupees Eighty Lacs Forty Thousand only), some amount was directly paid, of course to the account of the borrower and the co-borrower, to the writ petitioner.

4. There is a default, and it appears that the vehicle has changed hands. The borrower and the co-borrower are in default and the bank has proceeded to recover the same. Proceedings are pending before the Debts Recovery Tribunal. Subsequently an application was filed to implead the writ petitioner as a respondent and by a cryptic non-reasoned order withou












































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