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2017 Supreme(Gau) 313

KALYAN RAI SURANA
LAKHI G. MARAK – Appellant
Versus
HDFC BANK LIMITED – Respondent


Advocates Appeared:
For the Petitioner: Mr. B.D. Deka, Mr. M. Das
For the Respondent: Mr. M. Sharma

JUDGMENT AND ORDER :

1. Heard Mr. B.D. Deka, learned counsel for the petitioner and Ms. N.P. Devi, learned counsel for the respondent No.1.

2. By this application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 08.08.16 passed by the Debts Recovery Tribunal, Guwahati in connection with I.A. No. 19/2015 and 20/2016 arising out of O.A. No.170/2016. By filing the said O.A.No.170/2016, the respondent No.1/bank had prayed before the Tribunal for recovery of a sum of Rs.22,87,706.70 which had accrued against a loan obtained for purchasing a commercial vehicle. The said vehicle was hypothecated with the respondent No1/bank and the said vehicle was bearing Registration No.AS-01-GC-1055.

3. The petitioner has projected that he had lodged an FIR before the Williamnagar Police Station on 28.04.2016 alleging that hypothecated vehicle was stolen. The petitioner has alleged that it has come to his knowledge that the hypothecated vehicle was surreptitiously sold by the respondent/bank in collusion with some other persons and as per the record procured from the concerned district transport office, it was learnt that the vehicle was shown to have been owne









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