ICICI BANK LTD Vs. MOHAMMAD GAZAN ALI

JUDGEMENT

(1.) Allowed, subject to all just exceptions.

(2.) The impugned order dated 31.08.2018 passed by the court of learned Additional District Judge-12, Central District, Tis Hazari Courts, Delhi ('ADJ') in CS No.5980/18 titled as 'ICICI Bank Ltd. Vs. Md. Gazan Ali' declining the prayer of the appellant/plaintiff for appointment of an ex-parte receiver, is the subject matter of challenge in this appeal.

(3.) The facts of the case as noticed by the learned ADJ in the impugned order are that 'Brief facts of the case as stated in the application are that applicant has provide a loan of Rs.6,75,783/- to the defendant for purchase of the vehicle i.e. car make HONDA AMAZE/SMT bearing registration No. DL14 CC 8190 vide loan agreement No.LADEL00034718931. The said loan was to be paid in 60 EMI of Rs.14,193/- each but the defendant has paid only 18 EMI and defaulted of payment of 4 EMI and thus defaulted the repayment schedule therefore defendant recalled the said loan amount vide notice dated 3.07.2018 requesting the respondent to pay the outstanding amount and also handed over possession of the aforesaid vehicle but respondent despite service of notice neither paid the loan amount nor handed over possession of the abovesaid vehicle. Since there is apprehension that respondent might dispose of security i.e. vehicle in question which would cause irreparable loss to the applicant. Therefore receiver be appointed to take possession of the vehicle in question.'