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R.K.BATTA, VINAY KUMAR
MAGMA FINCORP LTD. – Appellant
Versus
SAMARENDRA NATH ROY – Respondent


Advocates Appeared:
Mr. Sanjeev Singh, Advocate, for the Appellant; None., for the Respondent

ORDER

R.K. Batta, Presiding Member - Heard Counsel for the petitioner on condonation of delay in filing revision as also on admission. In view of the reasons given in paragraphs 3 and 4 of the condonation application, delay of 41 days in filing the revision is condoned.

2. Learned Counsel for the petitioner, after placing reliance on the judgments of this Commission in Parameswari W/o Ramakrishnan v. The General Manager, V.S.T. Service Station, The Branch Manager, Tata Finance Ltd. and The United India Insurance Company, (2010) 2 CPJ 45 (NC), decided on 11.2.2010 and Surendra Kumar Agarwal v. Telco Finance Ltd. and Anr. , (2010) 2 CPJ 163 (NC), has submitted that the possession of the vehicle was taken since the complainant had defaulted in paying the instalments and the vehicle was not forcibly possessed. It was further submitted that the possession of the vehicle as taken on 27.8.2009 and was sold in the month of October, 2009 after due notice to the complainant. It is, therefore, contended that the impugned orders are liable to be set aside.

3. The District Forum directed the petitioner to return the truck in question and also directed the petitioner to pay the instalments in terms

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