Abn Amro Bank vs Ics Club Marketing Pvt Ltd
2010 Latest Caselaw 321 Del

                                                       UNREPORTABLE


*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                           FAO No.21/2010


                                Date of Decision: January 20, 2010


       ABN AMRO BANK              ..... Appellant
                   Through Mr. Punit K. Bhalla, Advocate

                    versus


       ICS CLUB MARKETING PVT LTD                   ..... Respondent
                    Through None

       CORAM:
       HON'BLE MISS JUSTICE REKHA SHARMA

1.     Whether the reporters of local papers may be allowed to see the
       judgment? No
2.     To be referred to the reporter or not? No
3.     Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

This appeal has been preferred against the order of an

Additional District Judge, dated December 15, 2009 on an application

filed by the appellant under Order XL Rule I of the Code of Civil

Procedure (hereinafter called the 'Code') in a suit filed under

Order XXXVII of the Code for the recovery of a sum of

Rs.7,31,015.14P.

The appellant/plaintiff had loaned a sum of Rs.7,15,000/- to the

respondent/defendant for the purchase of a vehicle, namely, Tata

Safari DICOR LX 4X2 under the Loan-cum-Hypothecation Scheme of

the Bank. The defendant agreed to repay the loan in 60 equated

monthly installments of Rs.16,802/- with interest and agreed to

strictly adhere to the repayment schedule.

It is stated that the respondent/defendant is in default of as

many as 26 installments as on December, 2009 and that is what led

the appellant to file the suit before the trial court for the recovery of

the outstanding amount. Along with the suit, an application under

Order XL Rule I of the Code was also filed on which the learned

Additional District Judge simply issued notice for February 04, 2010.

Aggrieved by the order so passed, the appellant has preferred the

present appeal.

It is stated by learned counsel for the appellant that given the

conduct of the respondent who has so far made payment of only 3-4

installments, and as of today, a sum of Rs.7,31,015.14P. is outstanding

against it, there is every likelihood that the respondent may either sell

the vehicle or may otherwise not make the same available. Therefore,

it is submitted that the learned Additional District Judge ought to have

passed an order allowing the appellant to take possession of the

vehicle.

Having heard learned counsel for the appellant, I am of the view

that the facts and circumstances of the case warrant that the

appellant be allowed to take possession of the vehicle. Accordingly, I

authorize Mr. Rana Roy, an Officer/Representative of the Bank to take

custody of the vehicle Safari bearing No.DL-3CAX-1462 under his

charge. The Officer on obtaining possession of the vehicle will issue

appropriate receipt to the person from whose custody the vehicle is

taken and will also indicate therein the condition of the vehicle and

will ensure that the same is kept in safe custody. In case there is

resistance from the respondent, the appellant shall be at liberty to

take police assistance.

With these directions, the appeal is disposed of. Dasti.

REKHA SHARMA, J.

JANUARY 20, 2010 PC/ka.