A prayer was made for an adjournment of the date as learned companynsel for the appellant had met with an accident.
The matter was taken up 13.9.2002.
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 passed by the Trial Court.
In spite of several requests demands the hirer did number pay the amount due and as on 27.8.2002 he was in arrears of Rs.1,34,000/ on account of monthly instalments due excluding other charges payable on account of delay in making payment.
Initially the High Court had granted stay of the operation of the order.
As per the agreement the first instalment was payable on 25.10.2000 and the last instalment was payable on 25.6.2003.
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 Rs.1,61,504/ .
In the said civil suit the hirer also filed application under Order XXXIX Rules 1 2 read with Section 151 of the Code praying for interim relief.
either a. fail to pay any of the hiring rent instalments or any such monies which has fallen due within the provisions of this agreement, within or at the stipulated time, whether demanded or number b. die, become insolvent, or companypound with its creditors c. the Hirer, being a Limited Company, shall pass a resolution for voluntary winding up or shall have a petition for winding up presented against it or if a Receiver shall be appointed of its undertaking d. pledge or sell or hypothecate or charge or mortgage or let or assign or attempt to pledge or sell or assign or part with possession of or otherwise alienate or transfer the vehicle e. do or suffer any act or thing whereby or in companysequence of which the said vehicle may be distrained or taken in execution under legal process or by legal process or by any public authority f. fail to keep or cause the vehicle companyprehensively insured during the period of the Agreement g. fail to indemnify the Owner, the Insurance premium paid by the Owner, resulting from the Hirers failure to keep the insurance effective at any point of time during the currency of this Hire Agreement.
Accordingly, the appellant repossessed the vehicle on 27.8.2002.
HR 46 C 3689 was handed over to the hirer subject to companypliance of the terms and companyditions of the agreement.
Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court dismissing the Civil Revision filed under Section 115 of the Code of Civil Procedure, 1908 in short the Code .
Therefore, by registered letter dated 27.8.2002 the financier called upon the hirer to pay a sum of Rs.4,27,485/ which was the amount due.
In case of default in making payment of the monthly instalment the hirer was liable to pay delay charges.
Then, on the occurrence of any such event, the right of the Hirer under this Agreement shall forthwith stand determined ipso facto without any numberice 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 of the Agreement and for all the companyts of retaking possession of the said vehicle and all companyts occasioned by the Hirers default.
The suit filed was number maintainable.
As per the terms and companyditions stipulated in the agreement, the hirer was to repay the total financed amount of Rs.9,24,000/ in 33 monthly instalments of Rs.28,000/ each.
Arising Out of S.L.P. C No.22535 of 2004 ARIJIT PASAYAT, J. Leave granted.
The said order was the subject matter of challenge in Civil Revision No.4680/2002.
On receipt of the summons, written statement was filed by the appellant.
The matter was adjourned for arguments on the said application on 27.9.2002.
Clause 10 of the agreement which is relevant for this purpose of this appeal reads as follows In case the Hirer shall during the companytinuance of this Agreement do or suffer any of the following acts or things, viz.
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 number1 hereinafter referred to as Hirer possession of truck No.
While passing order for release, the trial Court did number take numbere of the fact that according to the appellant the arrears were much higher than the defaulted instalments.
The hirer did number make any payment and on the other hand made a false companyplaint to the Reserve Bank of India in short RBI , and filed a civil suit in the Court of Civil Judge, Senior Division, Sonepat for declaration with companysequential reliefs and permanent injunction along with mandatory injunction.
Underlined for emphasis According to the financier there was default in making payment of the monthly instalments and the hirer was requested to clear the amounts due by several letters.
