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2003 Supreme(Del) 514

DALVEER BHANDARI, R.S.SODHI
MUTHOOT LEASING AND FINANCE LIMITED – Appellant
Versus
VASUDEVA PUBLICITY SERVICE – Respondent


Advocates Appeared:
S.S.SOBTI

DALVEER BHANDARI

( 1 ) THIS appeal is directed against the judgment and a decree dated 5. 12. 2002 passed by the learned Additional District Judge in Suit No. 280 of 2001. The appellant has filed this appeal alongwith the pleadings and the relevant documents.

( 2 ) BRIEF facts which are necessary to dispose of this appeal are as under. Respondent No. 1 Vasudeva Publicity Service had purchased a Contessa Classic car on hire purchase basis from the appellant for an amount of Rs. 2,80,000. the amount was to be paid in 12 equal monthly instalments of Rs. 26,370 each. The case of the respondents (plaintiffs before the trial court) was that upon payment of the entire amount under the said agreement the respondents had become entitled to the issuance of no dues clearance certificate and for removal of the hypothecation endorsement from the registration book of the car which the appellant failed to do so. It may be pertinent to mention that the appellant had also issued a statement of account showing the balance amount payable by the respondents to the appellant as nil.

( 3 ) IT may be pertinent to mention that the respondents had issued post dated cheques to the appellant. All the cheques



















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