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2018 Supreme(Del) 197

PRATHIBA M.SINGH
ICICI BANK LTD. – Appellant
Versus
VISHAL BAISLA – Respondent


Advocate Appeared:
For the Appellant :Mr. Punit K. Bhalla, Ms. Chetna Bhalla, Ms. Kashish Narang & Mr. Darpan Bains, Advocates.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. This is an appeal arising out of judgment dated 20th September, 2016 by which the suit filed by ICICI Bank (hereinafter 'Plaintiff Bank') has been dismissed on the ground of lack of territorial jurisdiction. The bank filed a suit for recovery for a sum of Rs.5,38,620.94/-.

2. In July, 2014, the Defendant approached the Plaintiff bank for a sum of Rs.5,11,200/- for purchase of a vehicle Maruti Swift VDI. The loan was repayable in 36 equal instalments of Rs.16,700/- each. Defendant paid merely two instalments and thereafter stopped making any payments. The Plaintiff bank issued a loan recall notice dated 13th January, 2015 and filed a suit for Rs.5,38,620.94/-. The details of the said amount are as under :

“10. The loan recall notice was issued on 13.01.2015, and thereafter suit was filed for the entire amount i.e. Rs. 5,38,620.94 as per following break up :      

Principal O/S

Rs.485,848.00

Late payment penalty

Rs.3,886.00

Cheque bouncing charges and other charges

Rs.1,800.00

Interest for the month

Rs.2,891.00

Prepayme




































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