IN THE COURT OF THE HON’BLE PRINCIPAL CITY CIVIL AND

SESSIONS JUDGE AT BENGALURU

I.A. NO. / 2018
IN
O.S. NO. 7755 OF 2012
BETWEEN

BANK OF INDIA …………PLAINTIFF

AND
M/S ICICI LOMBARD GENERAL INSURANCE
CO. LTD & ORS …………DEFENDANTS

APPLICATION UNDER ORDER 18 RULE 17 OF THE CODE OF CIVIL

PROCEDURE FILED ON BEHALF OF D3

For the reasons stated in the accompanying Memorandum of Facts, the counsel
for the Defendant No.3 most respectfully prays that this Hon’ble Court be
pleased to re-call PW1 and permit the Defendant No.3 to cross examine PW1, in
the interest of justice and equity.

Dated: 21.08.2018

Bangalore Advocate for Defendant No.3

 IN THE COURT OF THE HON’BLE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU

I.A. NO. / 2018

IN
O.S. NO. 7755 OF 2012
BETWEEN

BANK OF INDIA …………PLAINTIFF

AND
M/S ICICI LOMBARD GENERAL INSURANCE
CO. LTD & ORS …………DEFENDANTS

APPLICATION UNDER SECTON 151 OF THE CODE OF CIVIL

PROCEDURE FILED ON BEHALF OF D3

For the reasons stated in the accompanying Memorandum of Facts, the counsel
for the Defendant No.3 most respectfully prays that this Hon’ble Court be
pleased to reopen the stage for cross examination of PW1, in the interest of
justice and equity.

Dated: 21.08.2018

Bangalore Advocate for Defendant No.3

 IN THE COURT OF THE HON’BLE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU
I.A. NO. / 2018
IN
O.S. NO. 7755 OF 2012
BANK OF INDIA …………PLAINTIFF

AND
M/S ICICI LOMBARD GENERAL INSURANCE
CO. LTD & ORS …………DEFENDANTS

MEMORANDUM OF FACTS

I, Shiva K.V, Advocate for the Defendant No.3 do hereby submit as follows;

1. I submit that I am the counsel appearing for the Defendant No.3 and am
acquainted with the facts leading up to this case.

2. I submit that when the matter was posted for cross examination of PW1,
Defendant No.1 filed an I.A under Order 7 Rule 11A of the Code of Civil
Procedure Code seeking rejection of plaint and this Hon’ble Court was
pleased to adjourn the matter for Objections to the I.A referred supra.

3. I submit that due to the aforesaid reason, Defendant no.3 was not able to
cross examine PW1.

4. I submit that on behalf of the Defendant No.3, we want to cross examine

the Plaintiff Witness no.1 to establish the liability of Defendant No.1 as
the insurer of the vehicle that met with an accident and caused the
untimely demise of the owner of the vehicle and also that the Plaintiff has
the absolute right over the insured’s claim. I submit that it is crucial for
the Defendant no.3 to establish the liability as narrated supra.

5. I further submit that if the accompanying application is not allowed, the

Defendant No.3 would be put to irreversible loss and hardship whereas no
prejudice would be caused to the Plaintiff or the other Defendants if the
application is allowed.
In view of the above, I most respectfully pray that this Hon’ble Court be pleased
to allow the accompanying application as prayed for in the interest of justice and
equity.

Dated: 21.08.2018

Bangalore Advocate for Defendant No.3