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2002 Supreme(P&H) 520

R.C.KATHURIA
Ashok Leyland Finance Ltd. – Appellant
Versus
Ramesh Kumar – Respondent


Judgment

R. C. Kathuria, J.

1. Petitioner has filed the present revision challenging legality of order dated 23/12/2000 passed by the Sessions Judge, Bhiwani, whereby order dated 7.6.2000 passed by the Sub Divisional Judicial Magistrate, Charkhi Dadri, directing the release of jeep bearing registration No. HR 34/7486 on Superdari to M/s Ashok Leyland, Hisra (petitioner herein) was set aside and the vehicle was directed to be released on Superdari to Ramesh Kumar, respondent.

2. A few facts need to be noticed in order to focus the controversy raised in the present petition.

3. Ramesh Kumar (respondent herein) had entered into hire-purchase agreement dated 27.2.1998 with the petitioner so as to avail finance facility for the purchase of Mahindra and Mahindra jeep bearing registration No. HR-34/7486. Out of the total invoice value of the jeep amounting, to Rs.3.06.000.00 . a sum of Rs.2.00.000/was financed by the petitioner at the finance charges rate 12.92 per cent flat per annum, which was repayable in 23 hire money installments commencing from 27.2.1998 upto 27.12.1999. Respondent had also agreed to pay additional finance charges at the rate of 36 per cent per annum in the event of

















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