CASE INFORMATION FORMAT
S.N PLAINTIFF/COMPLAINANT/ APPLENT/ DECREE HOLDER ETC…
O
(PLEASE FILL UP ALL THE RELEVANT FIELDS & (*) FIELDS
ARE MANDATORY)
1 *NAME OF THE ICICI BANK LTD AR MAHESH SHUKLA
PLAINTIFF/
COMPLAINANT
ETC
2. *S/O, W/O, D/O NA
3. *ADDRESS BG 221, GF, SANJAY GANDHI TRANSPORT
NAGAR, NEW DELHI-110042
4. *AADHAR PINCO 1 1 0 0 4 2
CARDNUMBER DE
5. *GENDER MALE FEMALE OTHE NATION IND
RS ALITY IAN
6. DATE OF BIRTH
DD MM YYYY AGE- YEA
RS
7. *MOBILE NO./ E- MOBILE NO. E-MAIL IN
MAIL THROUGH IT'S
8. *ACT/ SECTION Application
9. VALUATION OF COURT FEE ASCERTAINED
SUIT COURT FEE
PAID/DEPOSITED:
10. *POLICE SAMIPUR BADLI
STATION
11. *F.I.R NO. & 0378/2022
YEAR
S.N DEFENDANT/ ACCUSED/RESPONDENT JUDGEMENT DEBATER
O ETC.
(PLEASE FILL UP ALL THE RELEVENT FIELFD & (*) FIELDS ARE
MANDATORY)
1. *NAME OF SUMIT AGGARWAL
DEFENDANT/
ACCUSED ETC.
2. *S/O,W/O,D/O
3. *ADDRESS R/O- 56 I.P Extension Patpargang Delhi -110092
4. AADHAR CARD PINCO 1 1 0 0 9 2
NUMBER DE
5. *GENDER MALE FEMAL NTIONA
E OTHER LITY
S
6. DATE OF BIRTH AGE YEA
RS
7. *MOBILE NO/ E- MOBILE NO. EMAIL IN CAPITAL
MAIL LETTERS
8587962262
SUMITUSA007@GM
AIL.COM
S.NO ADVOCATE FOR PLAINTIFF / COMPLAINANT/
PETITONER/ DECREE HOLDER
1. *NAME OF DEEPAK *BAR D/2941-A/
ADVOCATE KAUSHIK REGN 1999
NO
2. *ADDRESS CH.NO. 77-78 WESTERN WING TIS
HAZARI COURT DELHI-110054
3. *MOBILE MOBILE E-MAIL IN CAPITAL
NO/ E-MAIL NO:- LETTERS
9818030800 induslegalia@gmail.com
SUBMITTED BY:-
(PLAINTIFF/ PETITIONER/ACCUSED/OTHERS/ADVOCATE)
1 *NAME OF EXTRA1.
PARTY
2. *S/O, W/O, D/O
3. *ADDRESS
4. *AADHAR CARD AADHAR GEN MAL FEMA OT
NUMBER CARD NO. DER E LE HE
R
5. DATE OF BIRTH
DD MM YYYY AGE YEA
RS
6. *MOBILE NO./ E- MOBILE NO. E-MAIL IN
MAIL CAPITAL LETTERS
1 *NAME OF EXTRA
PARTY
2. *S/O, W/O, D/O
3. *ADDRESS DELHI.
4. *AADHAR CARD AADHAR GEN MAL FEMA OT
NUMBER CARD NO. DER E LE HE
R
5. DATE OF BIRTH
DD MM YYYY AGE YEA
RS
6. *MOBILE NO./ E- MOBILE NO. E-MAIL IN
MAIL CAPITAL LETTERS
1 *NAME OF EXTRA NA
PARTY
2. *S/O, W/O, D/O NA
3. *ADDRESS NA
4. *AADHAR CARD AADHAR GEN MAL FEMA OT
NUMBER CARD NO. DER E LE HE
R
5. DATE OF BIRTH
DD MM YYYY AGE YEA
RS
6. *MOBILE NO./ E- MOBILE NO. E-MAIL IN
MAIL CAPITAL LETTERS
1 *NAME OF EXTRA NA
PARTY
2. *S/O, W/O, D/O NA
3. *ADDRESS NA
4. *AADHAR CARD AADHAR GEN MAL FEMA OT
NUMBER CARD NO. DER E LE HE
R
5. DATE OF BIRTH
DD MM YYYY AGE YEA
RS
6. *MOBILE NO./ E- MOBILE NO. E-MAIL IN
MAIL CAPITAL LETTERS
SUBMITTED BY :-
(PLAINTIFF/ PETITIONER/ACCUSED/OTHERS/ADVOCATE
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURTS (DISTRICTS-NORTH), DELHI
Application no. OF 2022
IN THE MATTER OF:
STATE
VERSUS
SUMIT AGGARWAL AND ORS. ACCUSED
FIR NO. 0378/2022
P.S.: SAMAIPUR BADLI
U/S: 420,406,120B,34 IPC
APPLICATION ON BEHALF OF THE APPLICANT
/COMPLAINANT BANK FOR SEEKING PERMISSION TO
RELEASE OF VEHICLE BEARING REGISTRATION NO.
“UP-14-DZ-6700” MAKE “FORTUNER 4X2 AT".
RESPECTFULLY SUBMITTED AS UNDER
1. That the present application is filed by the applicant Mr.
Mahesh Shukla, Authorized Representative/complainant of
Applicant/Complainant Bank i.e. ICICI Bank Ltd. He is duly
Authorized vide a power of attorney in his favor by the
Complainant Bank. (Copy of power of Attorney is annexed
herewith as Annexure – “A”).
2. That the accused Sumit Aggarwal R/o 56 I.P Extension,
Patpargang, Delhi -110092, Mobile No. 8587962262, e mail
id sumitusa007@gmail.com. The said sumit Aggarwal under
well planned conspiracy with his other family member and
associates had approached the complainant bank for grant of
Auto loans cum hypothecation scheme of Rs.33,25,646/- for
purchasing a vehicle namely “FORTUNER 4X2 AT"
bearing registration No. “UP-14-DZ-6700. The said loan was
repayable in 60 EMI of Rs. 69,292 each. Out of which the
accused has paid only 1 EMI’S since 28.02.2019 to till date.
(Copy of Statement of Account is attached herewith as
Annexed – “B”)
3. That the above said loan was availed by accused through
fraudulent means by using fake & fabricated documents
aggrieved upon which the complainant bank has registered the
FIR No. 0378/2022 against the said accused Aon 15.05.2022
at Samaipur Badali, police station. (Copy of FIR is attached as
annexed – “C”).
4. That the vehicle in question was taken into custody by the
police during the course of the investigation and is parked at
Police Station, Samaipur Badli.
5. That apart from the said FIR, the Applicant/complainant bank
has also filed an Original Application no. 981/2021
before the Debt Recovery Tribunal Delhi. It is pertinent to
mention here that the Hon’ble DRT-3 has allowed the
application for appointment of receiver for taking over the
possession of aforesaid, vehicle vide order dated (Copy of
orders are annexed herewith as Annexed –“D”).
6. That the Applicant/Complainant Bank is the real owner of the
vehicle as the said vehicle is hypothecated with the
Complainant Bank hence, the Complainant has all legal rights
of ownership for the said vehicle. That alleged/borrower has
not filed any application for release of the said vehicle till
today, neither before this Hon’ble Court nor before the
Hon’ble Debt Recovery Tribunal-3. (Copy Of Registration
Certificate is attached herewith as Annexed “E”).
7. That the said vehicle may Pleased be released to
Applicant/Complainant Bank to Mr. Mahesh Shukla, as he
Authorized Representative of Applicant/Complainant Bank
i.e. ICICI Bank Ltd by this Hon’ble Court as the vehicle is no
more required by the police of the P.S. Samaipur Badli, for
any further investigation. The value of vehicle will be
depreciated day by day.
8. That the said vehicle may be released to the Complainant
Bank as per directions of the Supreme court case title as
“Sunder Bhai Ambalal Desai Vs State Of Gujarat Air 2003
Sc 638” and “Manjeet Singh Vs State criminal MC No-
4485/2013 Dated 10.09.2014” of Hon’ble Delhi High Court.
PRAYER
It is therefore most respectfully prayed before this Hon’ble Court
above said vehicle may kindly be order to be released and sell in
favor of the applicant/Complainant Bank, in the interest of
justice.
APPLICANT/COMPLAINANT BANK
THROUGH
Adv. DEEPAK KAUSHIK
DATE: (INDUS LEGALIA ASSOCIATES)
ADVOCATES FOR
COMPLAINANT
PLACE: 77&78, WESTERN WING, THC
DELHI-110054
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, ROHINI (DISTRICTS-NORTH)
COURTS DELHI
Application no. OF 2022
IN THE MATTER OF:
STATE
VERSUS
SUMIT AGGARWAL AND ORS. ACCUSED
AFFIDAVIT
I, MAHESH SHUKLA, Complainant/Applicant AR of ICICI
BANK LTD having branch address BG 221, GF, Sanjay Gandhi
Transport Nagar, New Delhi-110042,do hereby solemnly affirm
here as under:
1. That the deponent is the Applicant/Complainant in the
above mentioned application and fully conversant with the
facts of the case.
2. That the accompanying an application has been drafted by
my counsel on my direction and as per my instructions and
read over the content of an application before me in
vernacular language and I understood the same and which
is correct as per my knowledge and the same may be read
as part and parcel of this affidavit and the same are not
repeated here for the sake of brevity.
DEPONENT
VERFICATION :-
Verified at Delhi on this day of September,2022, that the
contents of this affidavit are true and correct to the best of
my knowledge and belief and nothing has been concealed
therefrom.
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, ROHINI (DISTRICTS-NORTH)
COURTS DELHI
Application no. OF 2022
IN THE MATTER OF:
STATE
VERSUS
SUMIT AGGARWAL AND ORS. ACCUSED
LIST OF DOCUMENTS FILED ON BEHALF OF
APPLICANT/COMPLAINANT BANK
1. Copy of Power Attorney
2. Copy of Statement of Account
3. Copy of order dated
4. Copy of FIR no. 0378/2022 PS Samaipur Badli
5. Copy of Registration of vehicles
THIS LIST OF DOCUMENTS FILED ON September , 2022
APPLICANT/COMPLAINANT BANK
THROUGH
Adv. DEEPAK KAUSHIK
(INDUS LEGALIA ASSOCIATES)
ADVOCATES FOR COMPLAINANT
77&78, WESTERN WINGH,THC
DELHI-110054
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, ROHINI (DISTRICTS-NORTH)
COURTS DELHI
Application no. OF 2022
IN THE MATTER OF:
STATE
VERSUS
SUMIT AGGARWAL AND ORS. ACCUSED
KNOW ALL to whom these present shall come that I, Mahesh
Shukla, Authorized Representative of ICICI Bank Limited having its office
at:- BG 221, GF, Sanjay Gandhi Transport Nagar, New Delhi-110042., the
above named plaintiff do hereby appoint.(herein after called the
advocate/s) to be our Advocate in the above noted case authorize them-To
act, appear and plead in the above-noted case in this Court or in any other
DEEPAK KAUSHIK (D/2941-A/1999) 9818030800
PRASHANT KUMAR(D/4321/18) RUCHI KAUSHIK(D/4993/19)
MANISH YADAV(D/6314/2019),
BABITA(D/2357/2016), SUKHVINDER KAUR (D/8175/2018)
ABISHEK LAKRA(D/3938/2019)
Indus Legalia, Chamber No.77-78, W. Wing, Tis Hazari Courts, Delhi-110054
Court in which the same may be tried or heard and also in the appellate
Court including High Court subject to payment of fees separately for each
court by me/us.
To sign, file, verify and present pleadings, appeals, cross-
objections or petitions for executions review revision, withdrawal,
compromise or other petitions or affidavits or other documents as may be
deemed necessary or proper for the prosecution of the said case in all its
stages subjects to payment of fees for each stage.To file and take back
document, to admit and/or deny the documents of opposite party.To
withdraw or compromise the said case or submit to arbitration any
differences or disputes that may arise touching or in any manner relating to
the said case.To deposit, draw and receive monthly cheques, cash and
grant receipts thereof and to do all other acts and things which may be
necessary to be done for the progress and in the course of the prosecution
of the said case.To appoint and instruct any other legal Practitioner
authorizing him to exercise the power and authority hereby conferred upon
the Advocate whenever he may think fir to do so and to sign the power of
attorney on our behalf.And I/We the undersigned do hereby agree to ratify
and confirm all acts done by the advocate or his substitute in the matter as
my/our own acts, as of done by me/us to all intents and proposes. And
I/We undertake that I/We or my/our duly authorized agent would appear in
Court on all hearings and will inform the Advocate for appearance when
the case is called.And I/We the undersigned do hereby agree not to hold
the advocate or his substitute responsible for the result of the said case.
IN WITNESS WHEREOF I/We do hereunto set my/our hand to
these presents the contents of which have been understood by me/us on
this_____th day of September 2022.Accepted subject to the terms of the
fees
Advocates Client
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, ROHINI (DISTRICTS-NORTH)
COURTS DELHI
Application no. OF 2022
IN THE MATTER OF:
STATE
VERSUS
SUMIT AGGARWAL AND ORS. ACCUSED
INDEX
S. NO. PARTICULARS PAGE NO.
1. APPLICATION ON BEHALF OF THE
APPLICANT /COMPLAINANT BANK
SEEKING PERMISSION TO RELEASE
VEHICLE BEARING REGISTRATION
NO UP-14-DZ-6700.
2. LIST OF DOCUMENTS
3. ANNEXED DOCUMENTS
4. VAKALATNAAMA
THROUGH
Dated:
Delhi Adv. DEEPAK KAUSHIK
(INDUS LEGALIA ASSOCIATES)
ADVOCATES FOR PLAINTIFF
CH. 77&78, WESTERN WING,THC
DELHI-110054