CHOLAMANDALAM INVESTMENT AND FINANCE CO LTD Vs. SUNITA

JUDGEMENT

(1.) A Tata Tempo 407 bearing registration No.HR 63-7368 was alleged to have met with an accident on 17th May, 2006. According to the petitioner, this vehicle was financed on 31st May, 2006. It was not aware of any accident with this vehicle as Respondent No. 6 never informed it about the same. There were defaults in payments of instalments. Earlier said vehicle was repossessed by the petitioner in December, 2006 and was sold in auction in March, 2007 for a sum of Rs.2,30,000/-.

(2.) ON a Claim Petition No. 866/2006 preferred by Respondents No. 1 to 5, an award was passed against Respondent Nos. 6&7. Since the award amount was not paid, execution proceedings were initiated against the Respondent Nos.6&7. It appears that during execution proceedings, attachment orders in respect of offending vehicle were passed. At that time, it was brought to the notice of the Claims Tribunal that the vehicle was re-possessed and sold in auction as stated above.

(3.) ORDERS dated 11th May, 2012 and 2nd June, 2012 passed by the Claims Tribunal are extracted hereunder:-