ICICI BANK LIMITED Vs. PRIYA BAVEJA

JUDGEMENT

(1.) Allowed, subject to all just exceptions. Application is disposed of. CM (M) 16/2020

(2.) This petition challenges the impugned order dated 21st August, 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.6,04,552.73/- against the Respondent/Defendant (hereinafter, "Defendant") in which initially an application for appointment of Receiver was filed. The case of the Bank is that the Defendant had availed of a vehicle loan of Rs.8,94,000/- in respect of a car i.e., Honda City SV/MT Diesel, registered in Uttar Pradesh, which was disbursed to the Defendant under the loan cum hypothecation scheme of the Bank.