UNION BANK OF INDIA vs SHASHI MALIK

IN THE HIGH COURT OF DELHI AT NEW DELHI RFA(COMM) 30/2023 UNION BANK OF INDIA .....Appellant Through: Mr. Samarendra Kumar, Adv. versus SHASHI MALIK .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 15.05.2025 C. HARI SHANKAR, J. 1. This appeal is directed against order dated 20 May 2022 passed by learned District & Sessions Judge (Commercial Court)1, Shahdara, in CS (COMM) 308/20202, whereby the learned Commercial Court has dismissed suit as having been instituted against a non-existent person and has mulcted the appellant with costs of ₹ 25,000/-. 2. CS (COMM) 308/2020 was instituted by the appellant against one Shashi Malik, proprietor of Shantanu Enterprises. 3. Two residential addresses of the respondent/defendant were provided by the appellant in the memo of parties, viz. (i) 204, Second 1 “the learned Commercial Court”, hereinafter 2 Union Bank of India v Shashi Malik 131001. 4. By the suit, the appellant alleged that the respondent Shashi Malik had availed a loan from the appellant of ₹ 9,90,000/- under the Pradhan Mantri Loan Scheme, and had failed to repay the loan. As a result, the appellant had to clas