executed Term loan agreement,
Declaration, Consent letter, Hypothecation letter and
Hypothecation agreement by hypothecating Toyota
Etios Car bearing ... bank is liberty to sold the
hypothecated vehicle and admits that the sale
proceeds of the hypothecated car amount was
deposited to the loan account
sanction memorandum dated 29/4/2014 and also
executed hypothecation agreement by hypothecating
the car bearing Reg.No. KA-04-D-8566 purchased ... also
8 CT0028_O.S._2796_2016_Judgment_
.
executed hypothecation agreement by hypothecating
the car bearing Reg.No. KA-04-D-8566 purchased a
loan
purchased the plaint schedule car is in arrears of loan
availed in respect of the said car which was hypothecated
to the 2nd defendant bank ... plaint schedule car from the
3rd defendant and cleared off the loan pertaining to the
said car which was hypothecated to the defendant
Besides this, the Defendant No.1 is also
the Hypothecator who had hypothecated the vehicle (Car) bearing
registration No. UP16BT6136, Make Maruti EECO, bearing chassis ... Sharma & Anr.
Bank for inspection and also to keep the hypothecated Car duly maintained,
insured and to park the same at the notified place
bank. The
R.C. of the car which is an admitted document, also shows
that the car is hypothecated to the Punjab & Sind Bank ... taken for purchase of Opel Car. The invoice is
with the plaintiff bank. The car was hypothecated by the
23/28
//24//
separate agreement containing
plaintiff recovered the loan amount from hypothecated vehicle.
She stated that value of hypothecated car at the time of surrender ... outstanding.
44. PW-1 on one hand has stated value of hypothecated car at
the time of surrender
sold the car to someone in Manipur.
3. Alleging that, the petitioner dishonestly sold the car which was
under hypothecation with Bank and failed ... petitioners. The car is not traceable and from the statement of Tillai a used car
vendor, it appears that the car has been sold
complainant that after taking the
car of the accused, he came to know that the said car was
hypothecated in ICICI Bank, Bengaluru. Therefore ... car loan amount, there is balance car loan amount which to be
paid by the accused and in respect of which the car was
hypothecated
said car to the Plaintiff's Bank, as
Defendant is not owner of the said Car, so question of
hypothecation does not arise. Defendant ... hypothecated the Car to the plaintiff Bank,
then Plaintiff bank had every right to repossess the car over
the hypothecation, what prevent the Plaintiff
invoice for having purchased car is
marked as Ex.P.7, 'B' Register extract of car hypothecated
in favour of plaintiff bank ... bank for purchase of
Nissan Sunny XLD car and after purchase of said car it
was hypothecated in favour of plaintiff bank. The
evidence
