Through Its Authorised Representative vs Aarti Sharma on 22 October, 2020
Announced in the open Court on this 22nd day of October, 2020
This judgment consists of 5 signed pages.
CS No.3295/18
ICICI Bank Ltd. Vs. Aarti Sharma & Anr.
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M/S Icici Bank Limited vs Kamini Sharma & Anr on 31 January, 2018
M/S Icici Bank Limited vs Sh. Manoj Kumar Pandey on 15 February, 2022
10. In the present matter, the loan document i.e., Credit Facility
Application form(Ex.PW1/2) is filed in original and the same bears the
signatures of the defendant. The factum of release of the loan amount is
clearly established by the plaintiff. Furthermore, plaintiff has filed on
record a certificate u/S 2A of Bankers Book of Evidence Act,
1891(Ex.PW1/7) in support of certified copy of Statement of
Account(Ex.PW1/6). Furthermore, no challenge to the statement of
account (Ex.PW1/6) on account of tempering, forgery, hacking, change
of contents etc., has been made and hence, there is no impediment in
reading the same into evidence in support of plaintiff's case. Reliance in
this regard is placed on the judgment in ICICI Bank Ltd vs Kamini
Sharma(supra).
Interalia Having Its Branch Office At vs Bhagwan Dass on 18 January, 2022
19. Even though defendant has been proceeded ex-parte, the plaintiff is
still liable to prove its case on pre-ponderance of probabilities. PW-
1 has tendered his oral evidence which is contained in his affidavit
Ex. PW1/A. A question may arise here that PW1 is not privy to the
execution of various documents on which the cause of action has
been founded upon by the defendant. On this aspect the Ld. Counsel
for plaintiff has placed strong reliance on a judgment passed on
31.01.2018 by our own Hon'ble High Court in RFA No. 297/2015
titled 'M/S ICICI Bank Limited versus Kamini Sharma & Another'.
The sum and substance of the facts of the said case are similar to the
facts of the present case.
M/S Icici Bank Ltd vs Kamal Farooq Siddiqui on 10 September, 2021
20. PW 1 has tendered his oral evidence which is contained in his
affidavit Ex. PW1/A. A question may arise here that PW1 is not
privy to the execution of various documents on which the cause of
action has been founded upon by the defendant. On this aspect the
Ld. Counsel for the plaintiff has placed strong reliance on
CS (Comm.) No.1714/2019 Page 5 of 10
judgment passed on 31.01.2018 by our own High Court in RFA
No. 297/2015 titled 'M/S ICICI Bank Limited versus Kamini
Sharma & Another'. The sum and substance of the facts of the said
case are similarly placed as the facts in the case under
consideration.
M/S Icici Bank Ltd vs Madhu Devi on 13 September, 2021
19. PW- 1 has tendered his oral evidence which is contained
in his affidavit Ex. PW1/A. A question may arise here that
PW1 is not privy to the execution of various documents on
CS (Comm.) No. 1611/2019 Page 5 of 10
which the cause of action has been founded upon by the
defendant. On this aspect the Ld. Counsel for the plaintiff
has placed strong reliance on judgment passed on
31.01.2018 by our own High Court in RFA No. 297/2015
titled 'M/S ICICI Bank Limited versus Kamini Sharma &
Another'. The sum and substance of the facts of the said
case are similarly placed as the facts in the case under
consideration.
M/S Icici Bank Ltd vs Amit Kumar S/O Sh. Prannath on 1 October, 2021
20. PW- 1 has tendered his oral evidence which is contained
in his affidavit Ex. PW1/A. A question may arise here that
PW1 is not privy to the execution of various documents on
which the cause of action has been founded upon by the
defendant. On this aspect the Ld. Counsel for the plaintiff
has placed strong reliance on judgment passed on
31.01.2018 by our own High Court in RFA No. 297/2015
titled 'M/S ICICI Bank Limited versus Kamini Sharma &
Another'. The sum and substance of the facts of the said
case are similarly placed as the facts in the case under
consideration.
M/S Icici Bank Ltd vs Prachi Raghav on 1 September, 2021
20. PW 1 has tendered his oral evidence which is contained in his
affidavit Ex. PW1/A. A question may arise here that PW1 is not
privy to the execution of various documents on which the cause of
action has been founded upon by the defendant. On this aspect the
Ld. Counsel for the plaintiff has placed strong reliance on
judgment passed on 31.01.2018 by our own High Court in RFA
No. 297/2015 titled 'M/S ICICI Bank Limited versus Kamini
Sharma & Another'. The sum and substance of the facts of the said
case are similarly placed as the facts in the case under
consideration.
M/S Icici Bank Ltd vs Pradeep S/O Sh. Samant Singh on 18 September, 2021
19. PW- 1 has tendered his oral evidence which is contained
in his affidavit Ex. PW1/A. A question may arise here that
PW1 is not privy to the execution of various documents on
which the cause of action has been founded upon by the
defendant. On this aspect the Ld. Counsel for the plaintiff
has placed strong reliance on judgment passed on
31.01.2018 by our own High Court in RFA No. 297/2015
titled 'M/S ICICI Bank Limited versus Kamini Sharma &
Another'. The sum and substance of the facts of the said
case are similarly placed as the facts in the case under
consideration.
M/S Icici Bank Ltd vs Ansar India Infratech Pvt. Ltd on 23 November, 2021
18. PW- 1 has tendered his oral evidence which is contained
in his affidavit Ex. PW1/A. A question may arise here that
PW1 is not privy to the execution of various documents on
which the cause of action has been founded upon by the
defendants. On this aspect the Ld. Counsel for the plaintiff
has placed strong reliance on a judgment passed on
31.01.2018 by our own High Court in RFA No. 297/2015
titled 'M/S ICICI Bank Limited versus Kamini Sharma &
Another'. The sum and substance of the facts of the said
case are similarly placed as the facts in the case under
consideration.
M/S Icici Bank Ltd vs Puneet Rai on 2 December, 2021
23. PW- 1 has tendered his oral evidence which is contained
in his affidavit Ex. PW1/A. A question may arise here that
PW1 is not privy to the execution of various documents on
which the cause of action has been founded upon by the
defendant. On this aspect the Ld. Counsel for the plaintiff
has placed strong reliance on a judgment passed on
31.01.2018 by our own High Court in RFA No. 297/2015
titled 'M/S ICICI Bank Limited versus Kamini Sharma &
Another'. The sum and substance of the facts of the said
case are similarly placed as the facts in the case under
consideration.