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2022 Supreme(Del) 277

AMIT BANSAL
ICICI Bank Limited – Appellant
Versus
Rashmi Sharma – Respondent


Advocates Appeared:
Mr. Dayan Krishnan, Sr. Advocate with Mr. Ripu Daman Bhardwaj, Mr. Deepak Kaushik and Mr. Sanjeev Bakshi, Advocates, for the Appellant; None, for the Respondent.

ORDER

Amit Bansal, J. - CM No. 2057/2022 (for exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of. CM(M) 36/2022 & CM No. 2056/2022 (for stay)

3. The present petition under Article 227 of the Constitution of India impugns the order dated 2nd December, 2021 passed by the District Judge (Commercial Court)-06, Central District, Tis Hazari Courts, New Delhi (Commercial Court) in CS (COMM.) No. 2857/2021, whereby show cause notice has been directed to be issued to the petitioner Bank (hereinafter 'plaintiff), to be answered and endorsed through the Chairman, as to why criminal contempt should not be initiated against him for overreaching the process of the Court.

4. The facts giving rise to the filing of the commercial suit leading to the present petition are as follows:

    (i) The respondent (hereinafter 'defendant') approached the plaintiff for grant of a car loan cum hypothecation scheme of Rs.5,01,000/-for the purchase of a vehicle. The loan documents were executed and the loan was duly sanctioned to the defendant on 21st November, 2019.

    (ii) The defendant defaulted in payments of monthly instalments towards repayment of the loan and consequently, issu

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