9911796707
TMI Blog2006 (2) TMI 625X X X X Extracts X X X X X X X X Extracts X X X X ..... Revision filed under Section 115 of the Code of Civil Procedure, 1908 (in short the 'Code'). The background facts in a nutshell are as follows: Under a Hire Purchase Agreement executed between the appellant (hereinafter referred to as the 'Financier') and the respondent no.1 (hereinafter referred to as 'Hirer') possession of truck No.HR-46-C-3689 was handed over to the hirer subject to compliance of the terms and conditions of the agreement. As per the terms and conditions stipulated in the agreement, the hirer was to repay the total financed amount of ₹ 9,24,000/- in 33 monthly instalments of ₹ 28,000/- each. As per the agreement the first instalment was payable on 25.10.2000 and the last instalment was payable on 25.6.2003. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to pay to the Government or any public authority any tax or surcharge or other levies due in respect of the vehicle; i. remove the vehicle to another State and get it re-registered there; j. break or fail to perform or observe any of the conditions on its part herein contained. Then, on the occurrence of any such event, the right of the Hirer under this Agreement shall forthwith stand determined ipso facto without any notice to the Hirer and all the instalments previously paid by the Hirer shall be absolutely forfeited by the Owner who shall thereupon be entitled to enter into any house or place where the said vehicle may then be, remove and retake possession of the same and to sue for all the instalments due and for damage for breach o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was filed by the appellant. The matter was taken up 13.9.2002. A prayer was made for an adjournment of the date as learned counsel for the appellant had met with an accident. The matter was adjourned for arguments on the said application on 27.9.2002. But at the same time learned Civil Judge directed the appellant to release the vehicle subject to deposit of the balance of instalments along with interest amounting to ₹ 1,61,504/-. The said order was the subject matter of challenge in Civil Revision No.4680/2002. Initially the High Court had granted stay of the operation of the order. The hirer filed an application for vacation of the order of stay. By the impugned order the High Court dismissed the Civil Revision upholding the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s submitted that without taking note of the defaulted amount which according to him is in the neighbourhood of ₹ 10 lakhs, the vehicle was directed to be released on payment of the defaulted instalments. The said amount has also been deposited. But at the same time it was imperative for the High Court to ensure that in the event the suit is dismissed, and the hirer is liable to pay the amount, how the same is secured. It is not disputed that the vehicle if not used would lose its value. In the peculiar circumstances of the case we direct that in case the respondent no.1-hirer pays the appellant a sum of ₹ 1,50,000/- in addition to the amount already deposited within 10 days from today, the vehicle shall be released. The respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s may be available. But mere fact that possession has been taken cannot be a ground to contend that the hirer is prejudiced. Stand of learned counsel for the respondent that convenience of the hirer cannot be overlooked and improper seizure cannot be made. There cannot be any generalization in such matters. It would depend upon facts of each case. It would not be therefore proper for the High Courts to lay down any guideline which would in essence amount to variation of the agreed terms of the agreement. If any such order has been passed effect of the same shall be considered by the concerned High Court in the light of this judgment and appropriate orders shall be passed. The appeal is allowed to the aforesaid extent. No orders as to costs ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
