UNION BANK OF INDIA vs M/S SHABD ENTERPRISES AND ANR

Judgment text excerpt

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16.10.2025 + CM(M) 2016/2025, CM APPL. 65427/2025 & 65426/2025 UNION BANK OF INDIA .....Petitioner Through: Mr. Rajiv Kumar, Advocate versus M/S SHABD ENTERPRISES AND ANR .....Respondents Through: None CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. The petitioner bank has assailed orders dated 04.07.2025 and 15.07.2025 of the learned trial court. Since summons of the subject suit were yet to be issued, there is no need to issue notice of this petition. 2. It appears that the loan recovery suit filed by the petitioner bank was initially adjourned sine die vide order dated 02.07.2024 at request of counsel for petitioner bank, because whereabouts of the defendants (borrowers) were not traceable. 2.1 Thereafter, vide order dated 13.02.2025, the suit was revived. On 01.03.2025, when the suit was taken up, no application for substituted service of summons on the defendants was filed by the petitioner bank. In this regard, learned counsel for petitioner bank submits that on 01.03.2025, CM(M) 2016/2025 Page 1 of 4 pages Signature Not Verified Digitally signed by GIRISH KATHPALIA GIRISH DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569 af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, Digitally Signed serialNumber=d3e86796451ec45c07b5d1557099 6b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.10.16 17:52:00 -07'00' By:NEETU N NAIR Signing Date:16.10.2025 17:59:40 the suit file did not reach the court. But there is nothing on record to show that on 01.03.2025 the file did not reach. 2.2 On the next date i.e., on 08.04.2025, when the suit was listed, none appeared for the petitioner bank and observing that n