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DELHI HIGH COURT
PRATHIBA M.SINGH
ICICI Bank Limited – Appellant
Versus
Umesh Rai – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--The present appeal arises out of the impugned judgment/order dated 30th January, 2015 by which the suit for recovery filed by the Appellant/Plaintiff bank (hereinafter, `Plaintiff bank') was dismissed. The judgement of the Trial Court dismisses the suit on the ground that the original loan recall notice dated 19th July, 2014 was not filed by the Bank.
2. In the present appeal, notice was issued on 25th August, 2015. The appeal was admitted on 17th February, 2016. The notice could not be served on the Respondent/Defendant (hereinafter, `Defendant') as there was `no such person at the given address'. Steps were taken to serve the Defendant through publication. Service was finally recorded as having been completed by the order of the Registrar dated 9th November, 2017.
Brief Background
3. The Defendant (hereinafter, `Defendant') approached the Plaintiff bank for financing of the purchase of a vehicle under loan-cum-hypothecation scheme for a sum of Rs.5,47,560/-. The Defendant agreed to repay the loan amount in 60 equal monthly instalments (hereinafter, `EMI') of Rs.11,974/-. The loan was duly sanctioned and was disbursed on 11th February, 20
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