West Bengal

Birbhum

MA/70/2024

Debasish Mondal - Complainant(s)

Versus

Hinduja Leyland Finance Ltd - Opp.Party(s)

27 Jun 2024

ORDER

Shri Sudip Majumder- President-in-Charge.

Today is fixed for passing of order in respect of application for ad-interim order filed by the complainant dated 21/03/2024. Already heard Ld. Advocate for the complainant.

            One petition for ad-interim order has been filed by the complainant dated 21/03/2024. The same has been registered as M.A. Case being No. 70/2024. Record is now taken up for passing of order.

Perused the interim application and documents. Heard Ld. Advocate on behalf of complainant.

Considered.

 From the content of the petition it appears that the complainant prays for an ad-interim order restraining the OP and his name and agent to take possession of the vehicle being regd. No. WB45 6223 from the complainant.

We find from the interim application and document that the complainant has purchased 12 Wheeler HIVA valued at Rs.32,00,000/- with the financial assistance of the OP subject to payment of 47 equal EMI @ Rs. 90,000/- except the first installment of Rs. 32,000/-. The complainant had been paying the installment against his loan account ESDUDU00381 month by month but he could be pay some installment during Covid-19 situation. The OP has been claimed for each EMI from 54^th installment to 59^th installment illegally. The complainant paid last installment Rs. 90,018/- dated 01/05/2024.

 

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It appears from the case record that the case has already run exparte against the OP vide order No. 05, dated 03/06/2024.

That the complainant therefore pray that the OP be ordered an ad-interim restraining the OP and his men and agent to take possession of the vehicle being regd. No. WB45 6223 from the complainant and that too ends of justice and for further order as your Honour dim fit and proper.

In this juncture without going into the merit of the case we think that the complainant is depending upon the said vehicle for his livelihood.

We think ends of justice would be met up if the OP is directed not to possession the said vehicle of the complainant.

Hence, it is,

                        ORDERED,

                                                the petition dated 21/03/2024 filed by the complainant that the OP be ordered an ad-interim restraining the OP and his men and agent to take possession of the vehicle being regd. No. WB45 6223 from the complainant i.e. M.A. Case No. 70/2024 is allowed without contest. No cost.

The OP/ Hinduja Leyland Finance Ltd. is directed not to possession the said vehicle being regd. No. WB45 6223 of the complainant.

Thus the M.A. Case No. 70/2024 is disposed of.

Fix.  19/07/2024 for filing exparte evidence-in-chief by the complainant.

The ad-interim order will be effective till the date.

Copy of this order be supplied to the parties each at free of cost.