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High Court of Punjab and HaryanaCR/6482/2015allowed

Icici Bank Ltd. v. Parmod Singh

2015-10-01Mrs. Justice Raj Rahul Garg2 pages

C.R. No. 6482 of 2015 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 6482 of 2015 (O&M) Date of decision:- 01.10.2015 ICICI Bank Ltd

...Petitioner

Versus

Parmod Singh

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sandeep Suri, Advocate for the petitioner.

RITU BAHRI J.(Oral) Plaintiff/Petitioner (for short 'petitioner') has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 14.08.2015 (Annexure P-1) whereby the ex parte evidence of the petitioner was closed.

Learned counsel for the petitioner submits that the petitioner/plaintiff filed a suit for recovery of Rs.5,93,125/- including interest against the respondent on account of non-payment of bank dues by the respondent. The suit was executed on 28.01.2012 and the respondent was proceeded ex parte on 25.01.2014 and the matter was listed for the purpose of ex parte evidence on the part of the petitioner-bank. Several opportunities were granted by the Court below for the purpose of leading evidence but the authorised officer of the Bank, Sh. Jaswant Singh did not take sufficient care in the matter and even the ex parte evidence was not led.

GAURAV ARORA 2015.10.05 15:44 I attest to the accuracy and integrity of this document

C.R. No. 6482 of 2015 (O&M) -2I have heard learned counsel for the petitioner and perused the case file.

Since the amount is a public money, order dated 14.08.2015 (Annexure P-1) is hereby set aside and the instant revision petition is allowed and the trial Court is directed to give one effective opportunity to the petitioner-Bank to conclude its evidence by examining its Manager, subject to payment of Rs.5000/- as cost to be deposited before the District State Legal Services Authority, Ludhiana .

October 01, 2015 ( RITU BAHRI ) G Arora JUDGE GAURAV ARORA 2015.10.05 15:44 I attest to the accuracy and integrity of this document