SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2004 Supreme(AP) 919

B.SESHASAYANA REDDY
Kotak Mahindra Primus Ltd – Appellant
Versus
S. Laxmana Rao – Respondent


B. SESHASAYANA REDDY, J.

( 1 ) THIS Civil Revision Petition is directed against the order dated 05-01 -2004 passed in I. A. No. 2019 of 2002 in O. S. No. 3392 of 2002 on the file of the X Junior Civil Judge, city Civil Court, Hyderabad by which the learned X Junior Civil Judge dismissed the application filed by the defendant under section 8 (1) of Arbitration and Conciliation act, 1996 read with Section 151 C. P. C.

( 2 ) ). The petitioner herein is defendant and the respondent herein is plaintiff in O. S. Mo. 3392 of 2002 on the file of the X Junior civil Judge, City Civil Court, Hyderabad. The plaintiff is a borrower and the defendant is a lender. The defendant financed the plaintiff for purchase of a vehicle from OPEL showroom of M/s. ASCO MOBILE (P) LTD. , under a loan agreement dated 07-09-2001. As per the terms of the loan agreement the plaintiff has to pay the loan amount in instalments and failure to pay any one of the instalments enables the lender to recall the entire amount due. Consequent on the failure of the plaintiff to pay certain instalments, the defendant seized the vehicle hypothecated to it by invoking clause 14 of the loan agreement. Questioning the seizure of t









Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top