DELHI HIGH COURT
PRATHIBA M.SINGH
ICICI Bank Limited – Appellant
Versus
Sachin Kumar – Respondent
| Table of Content |
|---|
| 1. case background and financing agreement. (Para 2 , 3) |
| 2. importance of timely decisions in similar cases. (Para 4 , 6) |
| 3. court's directions for repossessing vehicles. (Para 5 , 8) |
| 4. delay in trial court processing applications. (Para 7) |
| 5. final order and dissemination of judgment. (Para 9 , 10) |
JUDGMENT
Prathiba M. Singh, J. (Oral)
CM APPL. 1032/2020 (exemption)
1. Allowed, subject to all just exceptions. Application is disposed of.
CM (M) 19/2020
2. The present petition has been preferred by the Petitioner/Plaintiff - M/s. ICICI Bank Ltd. (hereinafter, "Bank") challenging the impugned order dated 6th November, 2019, by which the Trial Court has simply adjourned the application filed by the Bank under Order XXXIX Rule 6 CPC, seeking permission to sell the hypothecated vehicle, which is currently in the Bank's custody.
3. The Respondent/Defendant (hereinafter, "Defendant") had entered into an agreement for financing of the vehicle. Due to defaults in payment by the Defendant, a suit for recovery was filed by the Bank, along with an application under Order XL Rule 1 CPC, for appointment of a receiver for the hypothecated vehicle, with power to sell. It is submi
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