JUDGMENT :

Anu Malhotra, J.

1. The petitioner M/s. ICICI Bank Limited vide the present petition, a CM (M) calling it an appeal seeks the setting aside of an order dated 29.09.2018 of the learned trial Court of the Civil Judge-03 (Central) in Suit No. 2882/2018 vide which the prayer made by the petitioner herein as plaintiff of the said suit seeking an ex-parte appointment of the receiver under Order 40 Rule 1 of the CPC, 1908 to take over the possession of the vehicle CITY/D-SVMT bearing registration No. DL-1CQ-7304 was declined, observing to the effect that it would amount to injustice to the defendant i.e. the respondent herein if the application was allowed ex-parte in as much as there was a default in payment of only four equated monthly instalments till 03.08.2017 and that there could have been certain circumstances that had arisen due to which, the defendant/ respondent herein might not have been able to repay four EMIs and it could only be ascertained once the defendant was served with the notice of the suit in hand and appeared in Court.

2. The submission made by the petitioner herein is to the effect that the respondent had approached the petitioner for a car loan for the pur