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2024 Supreme(Del) 650

SHALINDER KAUR
ICICI Bank Ltd. – Appellant
Versus
Anirudh Chauhan – Respondent


Advocates appeared:
Mr. Deepak Kaushik, Adv., for the Petitioner.
Mr. Rajbir Singh Bal and Mr. Ajay Pratap Singh, Advs., for the Respondent.

JUDGMENT

SHALINDER KAUR, J.

1. The present petition under Article 227 of the Constitution of India read with Section XIII (1A) of the Commercial Courts Act, 2015 (hereinafter "the Act") arises out of the order dated 30.08.2022 passed by the court of the learned District Judge, Commercial Court-03, Central District, New Delhi (hereinafter "Commercial Court") in CS(COMM) No.3614/2021 titled as "ICICI Bank Ltd vs Anirudh Chauhan" (hereinafter "Impugned Order"). Vide the impugned order, the learned Commercial Court allowed the application filed by the respondent/defendant seeking a condonation of delay in filing their written statement.

2. The facts relevant for the disposal of the present petition are that the respondent herein approached the petitioner bank, requesting a grant of a personal loan for the amount Rs. 10,00,000/- vide a credit facility application. Upon execution of the credit facility application, along with the terms and conditions for the loan agreement, the loan was granted to the respondent herein. As per the terms of agreement, the respondent agreed to repay the loan in 60 equated monthly instalments of Rs. 21,965.00/- each, with an interest rate of 11.50% per annum.

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