LAWS(MAD)-2000-8-41

NAGARJUNA FINANCE LIMITED Vs. ASHOKRAJ

Decided On August 01, 2000
NAGARJUNA FINANCE LIMITED Appellant
V/S
ASHOKRAJ Respondents

JUDGEMENT

(1.) This case arising of a suo motu contempt proceeding involving a chequered history needs narration.

(2.) M/s. Nagarjuna Finance Ltd. filed two suits in C. S. Nos. 424 of 1999 and 425 of 1999 for recovery of the amount of Rs. 10 lakhs each against the defendants. This is based on the Hire Purchase Agreements entered into between the plaintiff and thedefendants as per which the Tata Sumo Car and the truck owned by the plaintiff had been lent on hire with the defendants. As per the agreement, the defendants have to pay hire charges every month. In case of failure to pay the hire charges as and when it becomes due, the plaintiff would be entitled to seize those vehicles as provided in the agreements. Since the defendants, after making payment of some instalments, failed to pay the remaining instalments in spite of notice, the plaintiff had filed these two suits. Two applications were also filed in those suits in Application Nos. 1896 and 1897 of 1999 requesting this Court to appoint an Advocate Commissioner to seize these vehicles from the defendants and hand over the same to the plaintiff.

(3.) This Court on entertaining those suits, passed an order in the applications appointing one Mr. Sudhakar, Advocate, as Commissioner directing him to seize the vehicles and hand over the same to the plaintiff/applicant directly to him. The Superintendent of Police, Madurai was also directed to provide police protection to the Advocate Commissioner to execute the warrant. The Commissioner was directed to submit a report within three weeks. This order was passed by this Court on 25-6-1999.