Harmesh Kumar vs Family Credit Limited
2010 Latest Caselaw 1469 Del

                                                              UNREPORTABLE
15
     *     IN THE HIGH COURT OF DELHI AT NEW DELHI

         CM NO. 2410/2010 in FAO No. 331/2009

                                       Date of Decision: March 16, 2010

         HARMESH KUMAR                    ..... Appellants
                     Through Mr. Rohit Goel, Advocate

                                 Versus

         FAMILY CREDIT LIMITED            ..... Respondent
                       Through Mr. Satish Kumar, Advocate
         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)

It is stated by learned counsel for the respondent that as of

today, a total sum of Rs. 1,09,067/- including interest and

ECS bouncing charges is due from the appellant and that if the

appellant is prepared to deposit this amount, the respondent shall

release the vehicle to the appellant, subject to the appellant giving an

undertaking that he will continue to pay the EMIs regularly without

any default and in the event of the appellant again making two

consecutive defaults, the respondent will become entitled to

re-possess the vehicle and take other legal action against the

appellant. The appellant on the other hand states that he has already

deposited a sum of Rs. 40,250/- with the Registrar General of this

court in terms of order dated September 23, 2009 passed by this court

and that after adjusting the said amount, the balance which the

appellant is liable to pay to the respondent is Rs.60,717/-. The

appellant is prepared to pay a further sum of Rs. 50,000/- to the

respondent within two weeks and the balance Rs. 10,717/- within two

weeks, thereafter. .

Having regard to what has been noticed above, the appellant is

allowed to deposit Rs.50,000/- towards the outstanding payment

within two weeks from now and the balance Rs.10,717/- within two

weeks thereafter. The respondent shall be at liberty to withdraw

Rs. 40,250/- which are lying with the Registrar General of this Court

and the amount so withdrawn, shall be counted towards payment of

Rs. 1,09,067/-.

The appellant undertakes to pay the EMIs as already

determined through ECS regularly from the month of April, 2010 and

further states that in case of two consecutive defaults, the respondent

shall be well within their right to re-possess the vehicle and take other

appropriate legal action against him.

In view of the undertaking given by the appellant and also in

view of his willingness to pay the outstanding amount, as noticed

above, the respondent shall hand over the vehicle to the appellant as

per inventory prepared at the time of re-possession, after he has made

payment of Rs. 50,000/- within two weeks from now.

With these directions, the appeal is disposed of.

A copy of this order be given dasti to learned counsel for the

parties, under the signatures of the Court Master.

REKHA SHARMA, J.

MARCH 16, 2010 PC.