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2021 Supreme(AP) 931

R.RAGHUNANDAN RAO
Adapa Durga – Appellant
Versus
HDB Financial Services Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Potharaju Venkateswara Rao

ORDER :

R. Raghunandan Rao, J.

1. The petitioner had purchased a Lorry bearing No. AP16TC4468 by borrowing a sum of Rs. 11,90,000/- from the 1st respondent, which is a private financial services Ltd. The petitioner had hypothecated the vehicle to the respondents, as security for repayment of the loan on 23.06.2019. This loan was to be repaid by way of monthly installments. As the petitioner defaulted in payment of two monthly installments, the respondents had repossessed the vehicle at Cuttack, Orissa State, when the vehicle was transporting Iron ore. The petitioner alleges that this repossession was done without following any of the guidelines for such seizure. The respondent issued a pre-sale notice dated 31.10.2020 calling upon the petitioner to pay a sum of Rs. 11,96,541/-, failing which the vehicle of the Petitioner would be sold.

2. The petitioner assailed the said seizure and subsequent refusal of the respondents to release the vehicle of the Petitioner along with the iron ore, even upon an offer of the petitioner to pay two monthly installments, which had fallen due. It is submitted that the said seizure is in violation of the guidelines laid down by the Hon'ble Supreme Court

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