JAYANT NATH, J.

1. By the present petition, the petitioner seeks to impugn the order dated 29.04.2016. The petitioner filed a suit for recovery of Rs. 3,42,724.60/-. It is urged that the respondent had approached the petitioner for grant of a loan of Rs. 8,90,000/- for purchase of vehicle namely “TOYOTA INNOVA” under Loan-cum-Hypothecation scheme. The respondent executed Credit Facility application, deed of hypothecation and irrevocable Power of Attorney in favour of petitioner bank. The respondent executed various documents and agreed to pay the loan in 36 equated monthly instalments. The petitioner sanctioned a loan of Rs. 8,90,000/- to the dealer, GALAXY AUTOMOBILES PVT. LTD.

2. Since there was default in repayment of the monthly instalment, the petitioner claims to have, in terms of the loan document, recalled the loan facility by sending a recall notice dated 20.01.2016. Thereafter, the present suit has been filed.

3. When the suit came up for hearing, the trial court instead of issuing summons to the respondent passed the following orders:-

“In the present case, it is evident that the dispatch proof/tracker’s report of the loan recall notice thereby foreclosing the acco