JUDGMENT

Prathiba M. Singh, J. (Oral) - CM APPL. 1122/2020 (exemption)

1. Allowed, subject to all just exceptions. Application is disposed of.

CM (M) 27/2020

2. This petition challenges the impugned order dated 27 th February, 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.8,33,378.28/- against the Respondents/Defendants (hereinafter, "Defendants") in which initially an application for appointment of Receiver was filed. The case of the Bank is that the Defendants had availed of a vehicle loan of Rs. 7,73,000/- in respect of a car i.e., Ecosport/1.5 P Titanium AT, registered in Haryana, which was disbursed to the Defendants under the loan cum hypothecation scheme of the Bank. The Defendants also availed of a personal loan of Rs. 3,98,000 from the Bank, against the security of the same vehicle, under the Bank''s personal loan cum hypothecation scheme.

4. The Defendants had agreed to repay the loan amount of Rs.7,73,000/-in 60 equal instalme