CHOPRA AUTOMOBILES FINANCE PVT LTD Vs. SHAIKH OSMAN

JUDGEMENT

(1.) Heard learned Counsel for both the parties. Perused record.

(2.) The petitioner has filed this revision petition against the order dated 5-1-2005 passed by the 4th Jt. Civil Judge, J. D. , aurangabad holding that the Civil Court at aurangabad may have territorial jurisdiction to entertain the suit between the parties and excluding the jurisdiction of Civil Court, hyderabad, which was the contention of the present petitioner.

(3.) The plaintiff filed R. C. S. No. 878 of 2004 against the petitioner and respondent no. 2 for declaration and perpetual injunction before the C. J. J. D. , Aurangabad contending that he had entered into an agreement of Hire purchase with the petitioner in respect of a truck no. MH-20-AA-7188 and obtained the said vehicle. As per the agreement, Respondent no. 1 was expected to pay to the petitioner a sum of rs. 8,750/- per month being hire installment and to repay total amount of Rs. 1,75,000/- in 20 equal monthly instalments. He paid all installments from 13-8-2002 upto November, 2003 and due to unsatisfactory business and financial difficulties, he could not pay further instalments and five instalments had remained to be paid. Therefore, on 19-6-2004, the petitioner, without giving any notice to him, had illegally seized the vehicle from parking place in M. I. D. C. , Waluj, Aurangabad. He also showed his willingness to pay the due amount but, in vain. Hence, the suit came to be filed.