ICICI BANK LIMITED Vs. MEENA KUMARI

JUDGEMENT

(1.) Allowed, subject to all just exceptions. Application is disposed of. CM (M) 27/2020

(2.) This petition challenges the impugned order dated 27th February, 2019 in view of the fact that the application under Order XXXIX Rule 6 CPC, which was filed by M/s. ICICI Bank Ltd. (hereinafter, "Bank"), has not been decided by the Trial Court, despite the suit itself having been decreed.

(3.) The background is that the Bank had filed a suit for recovery of Rs.8,33,378.28/- against the Respondents/Defendants (hereinafter, "Defendants") in which initially an application for appointment of Receiver was filed. The case of the Bank is that the Defendants had availed of a vehicle loan of Rs.7,73,000/- in respect of a car i.e., Ecosport/1.5 P Titanium AT, registered in Haryana, which was disbursed to the Defendants under the loan cum hypothecation scheme of the Bank. The Defendants also availed of a personal loan of Rs. 3,98,000 from the Bank, against the security of the same vehicle, under the Bank's personal loan cum hypothecation scheme.