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2017 Supreme(Gau) 988

RUMI KUMARI PHUKAN
Uma Shankar Mishra, son of Late Dr. Jeet Nath Mishra & late Promila Mishra – Appellant
Versus
Family Credit Limited, A company registered under the Indian Companies Act, 1956 and a wholly owned subsidiary of L & T Finance Holdings Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. D.Goswami, Advocate
For the State Respondent:Addl. P.P.Assam, Mr. K. Das, Advocate, Mr. P. Neog, Advocate, Mr. S. Khound, Advocate, Mr. P. Chetia, Advocate, Mr. S.D.Choudhury, Advocate

JUDGMENT & ORDER :

In all the above three petitions challenge has been made to the proceeding in CR Case No.1686 C/2016 under Section 379/427 IPC, and certain orders thereof pending before the learned Addl. CJM, Kamrup and all the matters being heard and disposed of by way of this common judgment.

FACTS OF THE CASE:

2. L & T Finance Holdings Limited engaged in providing finance for purchase of commercial goods by individuals. The M/s Family Credit Limited is a wholly owned subsidiary of L & T and on 5.7.2012 the Marketing Manager of M/s Family Credit Limited (as financer) entered into an agreement with Sri Ratul Das (as borrower) for financing a vehicle of Maruti Suzuki being Swipt Dzire model bearing registration no. AS-01 EC 0114 and upon failure of the borrower to repay his dues as on 16.10.2015 the vehicle was repossessed by the said financer as on 18.10.2015. All the documentation in respect of the vehicle is in the name of the borrower Sri Ratul Das and as such, said Ratul Das was informed by letter dated 28.10.2015 about the terminating of the original agreement dated 5.7.2012 with a request for immediate payment of the remaining dues within seven days in the tune of Rs.3,29,52








































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