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2025 Supreme(Online)(Cal) 8041

CALCUTTA HIGH COURT
TATA MOTORS FINANCE LIMITED – Appellant
Versus
RAJESH SINHA – Respondent


02.12.2025 Sl. No.13.

D/L.

Mithun.

Ct.No.29.

CRR/2467/2025 Tata Motors Finance Limited Vs.

Rajesh Sinha Mr. Sabir Ahmed, Mr. Hillol Saha Podder, Mr. Dhiman Banerjee, Mr. Quazi Ezaz Ahmed …for the petitioner In spite of service opposite party is not represented.

Being aggrieved and dissatisfied with the order regarding issuance of process under Section 204 Cr.P.C. dated 16.07.2024 and all subsequent orders passed by the Court below, the petitioner has preferred the instant application.

The petitioner’s contention is that the opposite party/complainant entered into a loan agreement with the petitioner company on 21st March, 2018 amounting to Rs.4,74,146/- to be repaid in 54 equal monthly installments for purchasing a vehicle. Thereafter, the opposite party defaulted in payment of EMI (Equated Monthly Installment) and entered into loan structure agreement for restructure of his loan and entered into a fast track loan agreement on 18.12.2020 with an undertaking cum declaration.

Thereafter, opposite party took another loan from the petitioner’s company. The opposite party defaulted in repaying the installments in the aforesaid loan cum hypothecation cum guarantee agreement and pursuant to such

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