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2015 Supreme(Del) 4440

RAJIV SHAKDHER
ICICI Bank Ltd. – Appellant
Versus
Astha Kumar – Respondent


For the Appellant :Mr. Punit K. Bhalla & Ms. Chetna Bhalla, Advocates.
For the Respondents: None.

JUDGMENT :

Rajiv Shakdher, J.:-

1. This is an appeal against the judgment and decree passed by the learned ADJ-II Central/Delhi, dated 16.04.2015. The learned ADJ by virtue of the impugned judgment 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 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.

2.2 With the execution of the loan agreement, and aforementioned documents, a sum of Rs. 5 lacs is said to have been disbursed in favour of the resp


































































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