JAYANT NATH, J.

CM No.13472/2017 (Exemption)

Exemption is allowed, subject to all just exceptions.

CM(M) 379/2017

1. An advance copy of the petition has been sent to the respondents but none is present on behalf of the respondents.

2. By the present petition filed under Article 227 of the Constitution of India the petitioner seeks to impugn the order dated 21.01.2017 of the trial court by which order the trial court dismissed the application under Order 40 Rule 1 CPC for appointment of a Receiver.

3. The petitioner has filed a suit for recovery of Rs.2,55,218.57/- in connection with a vehicle loan. The vehicle that was bought, namely, Maruti Alto K-10/VXI bearing registration No. DL-8CAJ-3143 also stands hypothecated to the petitioner bank. As per the petitioner, the respondents were to pay the loan amount in 60 EMIs of Rs.5,724/-towards repayment of the loan amount of Rs.2,63,250/-. He has defaulted in seven EMIs of Rs.40,068/- plus other charges. On account of default, the petitioner recalled the loan facility by sending a recall notice dated 11.07.2016. Along with the plaint the petitioner filed an application for appointment of a receiver relying upon the judgment of this c