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2023 Supreme(Gau) 786

SANJAY KUMAR MEDHI
Pahlan Ali S/o Late Raizuddin – Appellant
Versus
HDB Financial Services Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M. Hussain.
For the Respondent: M. Sharma.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Heard Shri M Hussain, learned counsel for the petitioner, who is aggrieved by a Pre Sale Notice dated 28.06.2023 issued by the respondents in connection with an auction process for a vehicle purchased by the petitioner by taking financial assistance from the respondents.

2. Also heard Shri M Sharma, learned counsel appearing for the respondents.

3. It is the case of the petitioner that he had purchased a Tata Hitachi Ex 210 LC Super Hydraulic Excavator GP Bucket from GD Motors, Guwahati by taking financial assistance from the respondents. It is admitted that due to failure in payment of installments, the vehicle was possessed by the respondents and by the Pre Sale Notice mentioned above, the auction process has been initiated.

4. Shri Hussain, learned counsel for the petitioner submits that the petitioner is ready and willing to pay the installments within a particular period and interference, accordingly be made by this Court. The learned counsel for the petitioner in support of his submissions has relied upon a decision of the Hon’ble Supreme Court in the case of ICICI Bank Ltd. vs. Prakash Kaur and Others, (2007) 2 SCC 711.

5. Shri Sarma, learned c

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