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2021 Supreme(Del) 480

ASHA MENON
B. Ghose and Company Pvt. Ltd. – Appellant
Versus
Satish Mathur – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Avi Singh, Mr. Puneet Bajaj.
For the Respondent: Mr. Vidur Kamra.

JUDGMENT :

ASHA MENON, J.

1. Since both the appeals have been filed against the same judgment and decree of the learned Trial Court dated 23rd February, 2015 passed in a suit filed by the respondent No. 1/Satish Mathur against the two appellants, namely, M/s. Ashok Leyland Finance Ltd. (hereinafter referred to as “Ashok Leyland”) and M/s. B. Ghose and Company Pvt. Ltd. (hereinafter referred to as “B. Ghose”) who were defendants No. 1 and 2 respectively before the learned Trial Court, the same are being disposed of together by this common judgment.

2. The case set up by the respondent No. 1/plaintiff before the learned Trial Court for the recovery of Rs. 14,00,000/- was that he was the sole proprietor of M/s. Dayal Container Carriers. He had hired out trailers and trollies to B. Ghose, since June 1999, for which it was required to pay him hire charges. The trailer horses had been financed by Ashok Leyland through various Hire Purchase Agreements (“HPA” for short) on various dates. According to the respondent No. 1/plaintiff, he had been making payments regularly up to January 2002, but thereafter, as he left the employment of B. Ghose, the understanding was that B. Ghose would be makin

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