Harmesh Kumar v. Family Credit Limited

1. Whether the reporters of local papers may be allowed to see the judgment? No

2. To be referred to the reporter or not? No

3. Whether the judgment should be reported in the ‘Digest’? No REKHA SHARMA, J. (ORAL) It is stated by learned counsel for the respondent that as of today, a total sum of Rs. 1,09,067/- including interest and ECS bouncing charges is due from the appellant and that if the appellant is prepared to deposit this amount, the respondent shall release the vehicle to the appellant, subject to the appellant giving an undertaking that he will continue to pay the EMIs regularly without any default and in the event of the appellant again making two consecutive defaults, the respondent will become entitled to re-possess the vehicle and take other legal action against the appellant. The appellant on the other hand states that he has already deposited a sum of Rs. 40,250/- with the Registrar General of this court in terms of order dated September 23, 2009 passed by this court and that after adjusting the said amount, the balance which the 2010:DHC:1548 appellant is liable to pay to the respondent is Rs.60,717/-. The appellant is prepared to pay a further sum of Rs. 50,000/- to the respondent within two weeks and the balance Rs. 10,717/- within two weeks, thereafter.. Having regard to what has been noticed above, the appellant is allowed to deposit Rs.50,000/- towards the outstanding payment within two weeks from now and the balance Rs.10,717/- within two weeks thereafter. The respondent shall be at liberty to withdraw Rs. 40,250/- which are lying with the Registrar General of this Court and the amount so withdrawn, shall be counted towards payment of Rs. 1,09,067/-. The appellant undertakes to pay the EMIs as already determined through ECS regularly from the month of April, 2010 and further states that in case of two consecutive defaults, the respondent shall be well within their right to re-possess the vehicle and take other appropriate legal action against him. In view of the undertaking given by the appellant and also in view of his willingness to pay the outstanding amount, as noticed above, the respondent shall hand over the vehicle to the appellant as per inventory prepared at the time of re-possession, after he has made payment of Rs. 50,000/- within two weeks from now. With these directions, the appeal is disposed of. A copy of this order be given dasti to learned counsel for the parties, under the signatures of the Court Master.

REKHA SHARMA, J. MARCH 16, 2010 PC.