L&T FINANCE LTD Vs. ABDUL RAJJAK & ORS

JUDGEMENT

(1.) The plaintiff-respondent filed a suit for mandatory injunction with consequential relief of permanent injunction against the appellant and proforma respondents stating that he was registered owner of the vehicle bearing Registration No. HR-27-J-0217 which was financed by the appellant for a sum of Rs.9 lacs. The said amount was to be returned by him in 41 monthly instalments of Rs.27,365/-. Despite the fact that he was paying the instalments regularly, the employees of the appellant snatched the vehicle on 10.12.2009 illegally and forcibly when the said vehicle was loaded with goods. On 14.12.2009, the plaintiff along with other respectable persons visited the office of the appellant and asked the reason for snatching the vehicle then a statement of accounts was supplied and the appellant demanded a sum of Rs.10,09,323/-. According to the plaintiff, the aforesaid calculations were wrong. On 15.12.2009, the defendant-appellant furnished a statement of Rs.7,42,375/- and flatly refused to return the vehicle. Though the plaintiff was ready to pay all the balance amount yet the defendants were adamant to sell the vehicle and refused to hand over the vehicle to him. Hence the suit.

(2.) The appellant and proforma respondent No.2 filed written statement refuting all the pleas taken by the plaintiff. It was pleaded that the suit was not maintainable as the plaintiff had infringed the conditions of the agreement which had taken place between the plaintiff-respondent and the appellant. It was further asserted that the plaintiff did not pay the instalments and accordingly, they had taken such a drastic step by taking the possession of the vehicle in question. Dismissal of the suit was prayed for.

(3.) On the basis of the pleadings of the parties, the following issues were framed by the trial Court: