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2022 Supreme(HP) 422

SANDEEP SHARMA
Tara Vati, Daughter Of Late Sh. Dina Nath Thakur – Appellant
Versus
Uco Bank, Branch At Nigam Vihar, Shimla-2, HP Through Its Chief Manager – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Deepak Bhasin, Advocate
For the Respondent:Mr. Jitender Pal Ranote, Advocate

ORDER :

Instant civil revision petition filed under Section 115 of the CPC, lays challenge to order dated 31.12.2021, passed by the learned Additional District Judge-1, Shimla, HP, in CMA No. 14 of 2021, reversing/setting aside order dated 13.12.2019, passed by the learned Civil Judge (Jr. Div.), Court No.4, Shimla, District Shimla, HP in CMA No. 1414 of 2019 in CS No. 131 of 2019, whereby the court below while allowing application under Order 39 Rules 1 and 2 CPC, having been filed by the plaintiff-petitioner, restrained the defendant-respondent-bank from seizing/taking the possession of the vehicle bearing registration No. HP63A-7036 from the plaintiff-petitioner, who is in lawful possession of the same till the case is decided on merits.

2. Precisely, the facts of the case as emerge from the record are that the plaintiff-petitioner filed suit for Permanent Perpetual Prohibitory Injunction, restraining the defendant from seizing/dispossessing/taking possession of the vehicle bearing registration No. HP-63-A-7036 from her and from anyone in lawful possession with a decree for mandatory injunction directing the defendant to close the vehicle loan account No.09810610008065 and thereaf

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    Judicial Analysis

    [No cases identified as bad law. None of the provided case law snippets contain keywords or phrases indicating that any case has been overruled, reversed, abrogated, or otherwise treated as bad law.]

    Shishan Pal VS State of Haryana - 2024 0 Supreme(P&H) 1173: This case appears to be positively cited as precedent. The snippet states "Learned counsel for the petitioner... has placed reliance upon Manager, ICICI Bank Ltd. vs. ... Praksh Kaur and others... and ICICI Bank vs. Shanti Devi Sharma...", indicating it is being relied upon as supportive authority in the current matter.

    Magma Leasing Limited vs Rajeswari Mohanty - 2024 Supreme(Online)(Ori) 3589: Treatment is unclear. The snippet "Magma Leasing Limited vs Rajeswari Mohanty - 2024 Supreme(Online)(Ori) 3589: ICICI Bank Ltd. ... Criminal 1071 (S.C.): ICICI Bank Vs. ... (Para-6)(iv) AIR 1995 (Orissa) 199:Tara Chand Boid Vs." appears to reference multiple cases (including ICICI Bank and Tara Chand Boid) in a fragmented citation format, possibly from para 6(iv) of a decision. No explicit treatment keywords (e.g., followed, distinguished) are present, making it ambiguous whether it is cited positively, negatively, or neutrally.

    Pabitra Das S/o Late Dhaneswar Das vs General Manager Indian Bank - 2025 0 Supreme(Gau) 1185: Treatment is unclear. The snippet describes procedural requirements ("The videography of the process of seizure... responsibility") related to ICICI Bank branch managers but does not cite or reference any specific prior case law. It reads like an excerpt from a court's ruling or SOP rather than a treatment of precedent, with no treatment indicators present.

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