ICICI BANK LTD Vs. SARFARAZ QURESHI

JUDGEMENT

(1.) The impugned order dated 20.05.2019 passed by the court of learned Additional District Judge-01, Central District, Tis Hazari Courts, Delhi (Rs. ADJ') in Civil Suit No.744/2019 by which an advocate was appointed as a receiver under Order XL Rule 1 CPC to repossess the vehicle in question with liberty to deposit the same with the concerned SHO and make a report to the court, is the subject-matter of challenge in this appeal.

(2.) The appellant/plaintiff has filed a suit for recovery of Rs.4,70,094.25 against the respondent on the ground that they have disbursed a loan amount of Rs.7,98,500/- on interest to the respondent/defendant for purchase of a vehicle, that is, RENAULT DUSTER/RXL 85 OPT which the respondent has agreed to repay in equal monthly instalments of Rs.26,226/-. The vehicle financed by the appellant to the respondent bears Registration No.UP-14CW-2501. The appellant has also sanctioned and disbursed a loan amount of Rs.4,67,850/- on 06.04.2017 as top-up loan against the security of the said vehicle. The respondent has committed default in making the payment of the instalments and a sum of Rs.4,70,094.25 has been the outstanding amount at the time of filing the suit.

(3.) Having regard to the submissions of the appellant, the learned ADJ by impugned order appointed Sh. Harsh Priya Singh, Advocate as receiver and fixed his charges/expenses to the tune of Rs.10,000/-.