JUDGMENT

Prathiba M. Singh, J.

1. The present appeal arises out of the impugned judgment/order dated 6th February, 2015 by which the suit for recovery filed by the Appellant/Plaintiff bank (hereinafter, ‘Plaintiff bank’) was dismissed. The primary ground on which the suit had been dismissed was that the Plaintiff bank had failed to file the original loan recall notice dated 12th March, 2014 in the Trial court.

Brief Background

2. The Respondent/Defendant (hereinafter, ‘Defendant’) approached the Plaintiff bank for financing of the purchase of a vehicle under loan cum hypothecation scheme for a sum of Rs.4,35,000/-. The Defendant agreed to repay the loan amount in 59 equal monthly instalments (hereinafter, ‘EMI’) of Rs.9,535/-. The loan was duly sanctioned and was disbursed on 12th December, 2012 to the dealer from whom the vehicle was to be purchased by the Defendant, after deducting usual processing fee and stamp duty charges. All the loan documents were executed by the Defendant.

3. Upon payment by the bank to the dealer, the Defendant secured a loan for the Vehicle Nissan Micra/XVD bearing registration No. DL-1P-4433. Various cheques were issued by the Defendant for payment of the i