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2018 Supreme(Del) 1877

ANU MALHOTRA
Icici Bank Limited – Appellant
Versus
V Square Development Company Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Puneet Bhalla, Advocate

JUDGMENT :

ANU MALHOTRA, J.

1. Vide the present appeal, the appellant assails the impugned order dated 6.6.2018 of the learned Trial Court in CS No. 1855/18 whereby on a suit filed by the plaintiff for recovery along with an application Under Order XL Rule 1 of the Code of Civil Procedure, 1908 for appointment of a receiver to take over the possession of the vehicle, i.e., car make “REXTON RX7/AT” bearing registration No. HR- 26BY-7763, the learned Trial Court directed the issuance of the summons for settlement of issues along with the notice of the said application to the defendant returnable for 8.10.2018.

2. The prayer made by the appellant herein as plaintiff to the said suit seeking appointment of an ex parte receiver was declined by the learned Trial Court, it having been observed to the effect that as per the averments made in the plaint a loan of Rs.18,00,000/- had been given by the plaintiff, i.e., the appellant herein to the defendant/respondent herein, for purchase of the vehicle in question vide a loan agreement No. LAGUR00026837185 and that the said loan was to be paid in 60 EMIs of Rs.38,688/- each but the respondent, i.e., the defendant had paid only 50 EMIs and default




















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