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2021 Supreme(Chh) 221

RAJENDRA CHANDRA SINGH SAMANT
Premlal Khande, S/o. Mr. Bhukhan Lal – Appellant
Versus
Ashok Leyland Finance, presently operating as IndusInd – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Mukesh Sharma, Advocate
For the Respondent:Mr. Chetan Singh Chauhan, Advocate

ORDER :

1. The present petition under Article 227 of the Constitution of India has been brought seeking relief for setting-aside the order dated 03.11.2018, passed by the District Judge, Korba, in Execution Case No. 6/2011 and for issuance of direction to set-off the claims of the petitioner No.1 in another pending execution proceeding.

2. Facts of the case in brief are these that the respondent is a financial company. The petitioner No.1 has borrowed from the respondent for purchase of a vehicle vide agreement No.PB001613H and the petitioner No.2 is the guarantor. The vehicle purchased by the petitioner No.1 was stolen. Later on after its recovery, the same has been obtained on supurdnama by the petitioner No.1. Respondent then took over the possession of the vehicle from the petitioner No.1 on 19.04.2006 and sold the same without notice to the petitioners. Subsequent to which, the complaint has been filed by the petitioners, before the District Consumer Dispute Redressal Forum, Korba. The respondent then initiated an arbitration proceeding concealing the fact of the pendency of the proceeding before, the District Consumer Dispute Redressal Forum, Korba. Arbitration proceeding has b

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