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J.M.MALIK, S.M.KANTIKAR
Syed Shakirali – Appellant
Versus
A. Lavanya – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner: Mr. Vikas Nautiyal, Amicus Curiae
For the Respondent No.1:Mr. Anand Sanjay M. Nuli, Advocate
For the Respondent No.:Mr. Lenin Singh Hijam, Advocate

ORDER

J.M. Malik, Presiding Member—Smt. A. Lavanya, OP1, was the registered owner of a lorry, make Ashok Layland (10-wheels) dipper IVA. The vehicle was financed by Shriram Transport Finance Co. ltd., OP2. OP1 sold the said vehicle, vide agreement dated 17.05.2008 at Bellary, in favour of Sri Syed Shakir Ali, the complainant. The total consideration was Rs.14,25,000/-. OP1 received a sum of Rs.1,00,000/-, as advance sale consideration on the date of agreement, Rs.1,65,000/- on 20.05.2009 was and balance consideration was payable by instalments in 30 installments. It was also agreed between the parties that the loan amount already taken by Smt. A. Lavanya, OP1 from Shriram Transport Finance Co. Ltd., OP2 would be payable by the complainant as follows :-

2 installments @ Rs.5,600/-

14 installments @ Rs.4,900/-

14 installments @ Rs.3,900/-

It was agreed that after payment of the entire amount, the complainant would be at liberty to transfer the vehicle to his name or to his nominee.

2. It is note-worthy that Shriram Transport Finance Co. Ltd., OP2 was not made a party in this agreement. This is an admitted fact that the complainant/ petitioner has waddled out of the said agreement. The comp








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