JUDGMENT :

1. The present Appeal from Order has been filed by the appellant – Finance Company (Original Defendant) challenging the legality and validity of the order dated 14.02.2013 passed by the learned Principal Senior Civil Judge, Nadiad upon Exh.-5 application in Regular Civil Suit No.71 of 2011, whereby the learned Principal Civil Judge was pleased to allow the application Exh.-5 filed by the respondent herein (Original Plaintiff) directing the appellant herein not to take the possession of the disputed motor truck of the respondent till the final disposal of the suit.

2. The brief facts leading to the present Appeal from order are that the appellant – Finance Company is a Limited Company registered under the Companies Act and doing the business of providing finance and had entered into loan-cum-hypothecation agreement with the respondent herein who had taken loan from the appellant herein by an agreement No.NADIAD00053/002 dated 31.05.2010 for purchasing the vehicle bearing Registration No.GJ-7-Y-6697 and it was agreed by the respondent that he shall pay one installment of Rs.11,454/- and 36 installments of Rs.10,454/-. The said loan was required to be paid in 36 installments.