JUDGMENT

Prathiba M. Singh, J. (Oral) - CM APPL. 980/2020 (exemption)

1. Allowed, subject to all just exceptions. Application is disposed of. CM (M) 16/2020

2. This petition challenges the impugned order dated 21 st August, 2019 in view of the fact that the application under Order XXXIX Rule 6 CPC, which was filed by M/s. ICICI Bank Ltd. (hereinafter, "Bank"), has not been decided by the Trial Court, despite the suit itself having been decreed.

3. The background is that the Bank had filed a suit for recovery of Rs.6,04,552.73/- against the Respondent/Defendant (hereinafter, "Defendant") in which initially an application for appointment of Receiver was filed. The case of the Bank is that the Defendant had availed of a vehicle loan of Rs.8,94,000/- in respect of a car i.e., Honda City SV/MT Diesel, registered in Uttar Pradesh, which was disbursed to the Defendant under the loan cum hypothecation scheme of the Bank.

4. The Defendant had agreed to repay the loan amount, along with interest @10.5%, in 60 equal instalments of Rs. 19,216/- each. The entire amount had been disbursed to the Defendant. The Trial Court had, vide order dated 27 th March, 2018, appointed a Receiver for taking po