Delhi High Court
M/S. Icici Bank Ltd. vs Amit Sharma on 11 December, 2018
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO 459/2018
M/S ICICI BANK LTD. .... Appellant
Through Mr.Punit K. Bhalla, Adv.
versus
AMIT SHARMA ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 11.12.2018
CM No.40538/2018 (for exemption)
1. Allowed, subject to all just exceptions.
FAO 459/2018
2. The impugned order dated 30.08.2018 passed by the court of
learned Additional District Judge-12, Central District, Tis Hazari
Courts, Delhi ('ADJ') in CS No.5979/18 titled as 'ICICI Bank Ltd. Vs.
Amit Sharma', declining the prayer of the appellant/plaintiff for
appointment of an exparte receiver, is the subject matter of challenge
in this appeal.
3. The facts of the case as noticed by the learned ADJ in the
impugned order are that 'Brief facts of the case as stated in the
application are that applicant has provide a loan of Rs.8,00,000/- to
the defendant for purchase of the vehicle i.e. car make HONDA CITY /
SV MT bearing registration No.DL5CE 7511 vide loan agreement
No.LAGHZ00033787272. The said loan was to be paid in 60 EMI of
Rs.16,900/- each but the defendant has paid only 30 EMI and
defaulted of payment of 3 EMI and thus defaulted the repayment
schedule therefore defendant recalled the said loan amount vide
notice dated 3.7.2018 requesting the respondent to pay the
outstanding amount and also handed over possession of the aforesaid
vehicle but respondent despite service of notice neither paid the loan
amount nor handed over possession of the abovesaid vehicle. Since
there is apprehension that respondent might dispose of security i.e.
vehicle in question which would cause irreparable loss to the
applicant. Therefore receiver be appointed to take possession of the
vehicle in question.'
4. The learned ADJ declined the prayer for the appointment of an
exparte receiver for the reason 'Since admittedly, defendant has paid
30 installments, in my view at this stage, it would not be appropriate
to appoint ex-parte receiver. Therefore, the prayer for appointment of
ex-parte receiver is hereby declined'.
5. Learned counsel for the appellant contends that the appellant
has strong apprehension that the above said car, which is the only
security provided by the respondent to the appellant against the loan
amount, may be disposed of/sold away by the respondent directly or
indirectly and the respondent may also try to take the vehicle out of
the jurisdiction of the court or hide the said vehicle and any such
attempt would cause irreparable loss and injury to the appellant.
6. The appellant has filed the said civil suit for recovery of
Rs.5,01,244.16 against the respondent. A sum of Rs.8,00,000/- was
advanced to the respondent for purchase of the above said car and the
respondent has committed default in payment of 3 EMIs which led the
appellant to recall the entire outstanding amount as per the terms of
the loan agreement. Though, the respondent had paid 30 installments
to the appellant yet he has defaulted in payment of 3 EMIs and despite
notice he has failed to make the payment of the outstanding
installments and a substantial amount of Rs.5,01,244.16 is still
outstanding against the respondent at the time of filing the suit.
Therefore, the impugned order dated 30.08.2018 passed by the learned
ADJ-12, Central District, Tis Hazari Courts, Delhi in CS No.5979/18
to the extent of declining the prayer for appointment of the exparte
receiver is hereby set aside. This court feels that apprehension of the
appellant that in the event of notice being issued to the respondent, he
may proceed to dispose of/sell/hide the said vehicle to defeat the claim
amount, cannot be taken to be unfounded and baseless.
7. Having regard to the above discussion, Mr.Bhupinder Singh, the
representative of the appellant Bank is hereby appointed as a receiver
to take over the physical possession of the vehicle in question i.e. car
make HONDA CITY / SV MT bearing registration No.DL5CE 7511
from the respondent or any other person in whose possession the same
is found, with the following directions: -
i) The receiver is directed that while taking
possession of the said vehicle, he shall ensure to extend due
courtesy to the respondent or the person in whose possession
the said vehicle is found;
ii) If at the time of taking the possession of the said
vehicle, the respondent intends to make the payment of
outstanding amount, which are due and payable, he shall receive
the amount against receipt and release the vehicle forthwith on
superdari to him;
iii) At the time of taking the possession of the said
vehicle, the photographs of the said vehicles from all angles
(including inside) be taken. He shall also take the photograph
of the speedometer clearly displaying the kilometers covered by
the said car;
iv) He shall also get the survey of the said vehicle
done from a Government approved surveyor regarding its
condition and value by next day of taking the possession;
v) In case police assistance is required, the receiver
may approach the SHO of the concerned Police Station situated
nearby, who in such an eventuality shall provide necessary
assistance to enable the receiver to comply with this order.
vi) He shall file the complete report with the learned
ADJ within five days of taking the possession of the said
vehicle;
vii) He shall keep the car in safe custody and the car
shall not be sold/disposed of without permission of the trial
court.
8. The appeal is disposed of accordingly.
9. The copy of the order be given dasti under the signature of
Court Master/Private Secretary.
VINOD GOEL, J.
DECEMBER 11, 2018
"shailendra"
