HDFC BANK LIMITED A BANKING COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956 Vs. KANHAIYALAL LAL CHIB

JUDGEMENT

(1.) SINCE common question of fact and law is involved in both these appeals, these appeals are being disposed of by this common judgment.

(2.) BRIEF facts are that at the request of respondent, appellant granted Higher Purchase cum Loan Facility, vide Loan cum Hypothecation cum Guarantee Agreement dated 30th November, 2006 for purchase of vehicle by respondent. The loan amount was to be repaid in 36/35 equated monthly instalments.

(3.) APPELLANT , thereafter filed recovery suit under Order 37 of the Code of Civil Procedure (for short as 'Code.). Along with it, an application under Order 40 Rule 1 of the Code was also filed for appointment of receiver.