JAYANT NATH, J.

CM No.13440/2017 (Exemption)

Exemption is allowed, subject to all just exceptions.

CM(M) 374/2017

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.2,22,204.62/- in connection with a vehicle loan. The vehicle that was bought, namely, Honda Civic/1.8 S MT bearing registration No. DL-3CBE-0445 also stands hypothecated to the petitioner bank. As per the petitioner, the respondents were to pay the loan amount in 25 EMIs of Rs.14,083/- towards repayment of the loan amount of Rs.2,93,550/-. He has defaulted in four EMIs of Rs.56,273/- plus other charges. Along with the plaint the petitioner filed an application for appointment of a receiver relying upon the judgment of this court dated 21.12.2016 passed in CM(M) 1333/2016 titled as “ICICI Bank Ltd. vs. Ram Chandra Yadav”.

4. The tria