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2012 Supreme(All) 406

VINEET SARAN, ASHOK PAL SINGH
RAM UMRAO – Appellant
Versus
MANAGING DIRECTOR INDUSLAND BANK LTD. – Respondent


Advocates:
Counsel :
R.S. Umrao for the Petitioner; B.K. Srivastava, Anubhav Chandra and C.S.C. for the Respondents.

JUDGMENT

By the Court.—The petitioner had taken a loan of Rs. 11,30,000/- from the respondent-Bank for purchase of a truck. The said loan was granted by the bank on 2.2.2008 and was repayable in 48 monthly instalments ending on 7.1.2012. The petitioner committed default in payment of certain instalments and thus the Bank is said to have issued a notice dated 1.9.2011 to the petitioner mentioning that the sum of overdue instalments in the account of the petitioner was Rs. 2,22,031/- as on 1.9.2011. Besides that, additional finance charges of Rs. 99,915/- plus legal expenses of Rs. 1,000/- alongwith personal visiting charges of Rs. 1,000/- were also leviable and thus a total amount of Rs. 3,23,946/- was determined as payable by the petitioner. As per the said notice, the said amount was to be paid by the petitioner in seven days. When the same was not paid, on 20.9.2011 the possession of the vehicle of the petitioner which was financed, was taken from the petitioner allegedly through the recovery agent. Thereafter on 24.9.2011 the "Final Notice After Repossession" was given to the petitioner calling upon him to pay a sum of Rs. 5,31,177/- as the settlement amount, within seven days an







































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