Neutral Citation Number 2022/DHC/004936

RFA(COMM) 3/2021

Page 1 of 17

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: November 03, 2022

Pronounced on: November 18, 2022

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RFA(COMM) 3/2021 & CM APPL. 5875/2021

PUNJAB NATIONAL BANK

.....Appellant

Through:

Mr. Hashmat Nabi with Mr. Mohit

Nagpal, Advocates.

Versus

SUBHASH AGGARWAL & ORS

..... Respondents

Through:

Mr. Nitin Mittal, Advocate.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

HON'BLE MR. JUSTICE SAURABH BANERJEE

J U D G M E N T

SAURABH BANERJEE, J.

1.

Appellant-bank/original defendant no.1 before the learned Trial Court

has impugned the judgment dated 18.02.2020¹ whereby its application under

Order VII rule 11 of the Code of Civil Procedure, 1908² in a suit for

declaration instituted by respondent nos. 1, 2 and 3/ original plaintiffs³

against the appellant-bank and Union of India/respondent no.4 has been

rejected and a judgment under Order XII rule 6, CPC has been pronounced

against the appellant bank, in favour of the respondents.

2.

Facts before us disclose that one Mr. Ajay Gupta⁴ availed loan afte