STATE BANK OF INDIA vs SACHIN KUMAR

Judgment text excerpt

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 6th May, 2026 Uploaded on: 8th May, 2026 + RFA(COMM) 307/2026 & CM APPL. 30211/2026 STATE BANK OF INDIA .....APPELLANT Through: Ms. Navruti Ojha, Adv. versus SACHIN KUMAR .....RESPONDENT Through: None. CORAM: JUSTICE PRATHIBA M. SINGH s JUSTICE MADHU JAIN Prathiba M. Singh J.,(Oral) 1. This hearing has been done through hybrid mode. 2. The present appeal has been filed by the Appellant under Section 13 of the Commercial Courts Act, 2015 read with Section 96 and Order XLI of the Code of Civil Procedure, 1908, inter alia, assailing the impugned ex-parte judgement and decree dated 10th April, 2026 passed by the ld. District Judge, Commercial Court-03, South District, Saket Courts, New Delhi in C.S. (Comm) 350/2025 titled ‘State Bank of India v. Sachin Kumar’. 3. Vide the impugned judgement, the suit of the Appellant has been dismissed in the following terms: “[...] 14. It is, therefore, concluded that plaintiff, on account of not filing proper documents or original thereof in support of its claim has failed to prove its case against the defendant on the threshold of preponderance of probabilities. The fact that Signature Not Verified Signed By:RENUKA RFA(COMM) 307/2026 Page 1 of 7 NEGI Signing Date:08.05.2026 15:43:30 defendant is ex-parte will not absolve the plaintiff from proving its case against the defendant on the basis of preponderance of probabilities. This view was taken by this Court in another matter was upheld by Hon'ble Delhi High Court in RFA (Comm) 233/2025 - Outlook Publishing India Private Limited Vs. R.R.Solutions decided on 06.05.2025. Accordingly, the suit filed by plaintiff is dismissed. 4. The brief background of the present case is that, a suit was filed by the State Bank of India (here