BHARAT KUMAR SHARMA Vs. ASHOK LEYLAND FINANCE LTD

JUDGEMENT

(1.) This revision is directed against the order dated 10.11.2000, in Civil Suit No. 1-A/2000, by First Additional Civil Judge, Class-1, Murwara (Kami), whereby the application of the plaintiff/ petitioner under Section 151 of C.PC., copy of which is Annexure A/3 was dismissed.

(2.) The plaintiff/petitioner in his plaint averred that he had taken a loan of Rs. 3,68,000/- from the defendant/non-applicant for purchase of a bus chasis. The loan as above was granted by the defendant/non-applicant to the plaintiff/petitioner on hire-purchase agreement. After the defendant purchased the chassis of the bus, the body thereon was constructed and he was plying the said bus. It was further averred that on 4.9.1997 the defendant/non applicant had taken forcible possession the said bus. The defendant/npn-applicant thereafter released the bus to the plaintiff/petitioner on the defendant/ non-applicant depositing sum of Rs. 70.200/- with him On 28.2.1998 the defendant/non-applicant got prepared a document of refinancing of a sum of Rs. 1,91,000/- 'It was also averred that Rs. 5,00,000/- have been paid by the plaintiff/ petitioner to the defendant/non-applicant towards loan obtained by him under the hire-purchase agreement. The defendant/non-applicant, however, raised demand for a sum which was not due. He has prayed for a relief that agreement dated 28.2.1998 be declared as having been obtained by fraud and not binding on the plaintiff/petitioner It was also prayed that the defendant/non-applicant be restrained from alienating the said bus and to return the same to the plaintiff/petitioner

(3.) During the pendency of the suit. an application, copy of which is Annexure A/2, was filed in the Trial Court by the parties in which it was stated that in case the plaintiff/ petitioner is ready to furnish a Bank Guarantee of Rs. 2,28,000/-. upon which the bus shall be returned to him, and it was further stipulated therein that the plaintiff/petitioner shall repay the amount of Rs. 2,28,000/- within three months of the said agreement, failing which the defendant/non-applicant will be entitled to take back the possession of the said bus. It was also stipulated that within the above period the parties shall also settle accounts by mutual consent, regarding above amount of Rs. 2,28,000/-. It was prayed in the said application that the application for temporary injunction may be disposed of in accordance with the above agreement between the parties.