Tata Motors Finance Limited vs Kamlesh Kumar Son Of Late Shri ...
2022 Latest Caselaw 2804 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No. 155/2022

Tata Motors Finance Limited
                                                                        ----Appellant
                                   Versus
Kamlesh Kumar Son Of Late Shri Brahmanand
                                                                   ----Respondent

For Appellant(s)         :     Mr. Peush Nag &
                               Mr. Avinash Kumbhaj
For Respondent(s)        :



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

01/04/2022
     The   appellant-Finance         Company          has       filed    this   appeal

assailing the judgment and decree dated 09.11.2021 passed by

Additional District Judge, Sawaimadhopur in civil suit No.31/2011,

174/2012, CIS No.621/2014 whereby the civil suit filed by the

respondent-plaintiff owner of the vehicle has been decreed and he

has been entitled to recover the amount of Rs.3,79,976/- with

interest at the rate of 6% per annum w.e.f. 21.02.2011 from the

appellant-Finance Company.

Counsel for appellant submits that the civil suit should not

have exercised the jurisdiction to entertain the present dispute as

there was Arbitration Clause and a reliance has been placed on the

judgment of Sundaram Finance Limited & Anr. vs. T.

Thankam reported in (2015) 14 SCC 444.

On the request of learned counsel for appellant, Service of

notice upon respondent Nos.2, 3 and 4 is dispensed with.

Notice be issued to respondent No.1 only.

(2 of 2) [CFA-155/2022]

In the meanwhile, in case the appellant-Finance Company

deposits principal sum of Rs.3,80,000/- within a period of four

weeks, the execution of the impugned judgment and decree shall

remain stayed.

On deposition of such amount, the same may be disbursed

to respondent-plaintiff on furnishing a written undertaking to the

effect that in case, the appellant succeeds in the present appeal,

he will restitute the amount to the appellant company.

(SUDESH BANSAL),J

ANIL SHARMA /20

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