Letter of Arrangement and
Supplemental Agreemental Loan cum hypothication
dtd.03.06.2020 are executed. The Defendant has also
requested the Plaintiff for encashment ... Letter of Arrangement cash credit
facility, supplemental agreemental loan cum
hypothication dtd.23.10.2020 is executed in favour of
the Plaintiff. The Defendant have
entire
said amount and also for the sale of the hypothicated car
bearing Reg. No.KA-02-MN-6815 towards recovery of the the
said ... 2031/2022
purchasing a vehicle. The defendant has executed loan
documents including Hypothication Agreement agreeing to
repay the said loan with interest at the rate
raised several contentions, in that he says that what every assets are hypothicated by the then partnership firm on August 18, 1981, do not belong ... several arguments taken by learned counsel for the petitioners that the assets hypothicated on August 18, 1981, do not belong to the company under liquidation
receiver permitting the Bank to
realize its dues by selling 40 hypothicated vehicles and despite
the fact that in the order dated 10/02/2016 ... petitioner - original applicant Bank may recover its dues by
selling 40 hypothicated vehicles and the defendant has no
objection for taking possession
jurisdiction. It is his further contention that on the
date of the hypothication agreement dated 26.08.2009, the loan agreement
contained an arbitration clause ... Courts in Chennai
shall have exclusive jurisdiction. The deed of hypothication deals with the similar
provision. The learned arbitrator has failed to consider the objection
which
payments were pending and with respect to which there
was no hypothication in favor of respondents 1 and 2 were ... taken over factory of
the third respondent, those machineries which were already
hypothicated by the third respondent in favour of the
corporation alone were available
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1: TRUE COPY OF THE HYPOTHICATION AGREEMENT WITH THE
PETITIONER DATED 28/1/2004.
EXT.P2: TRUE ... petitioner under Ext.P1
hypothication agreement in respect of a vehicle. The arbitration
proceedings culminated in Ext.P2 award in favour
doing not rendered any
finding as to whether the hypothication agreement containing
the arbitration clause is bad for any vitiating circumstance. Such
a finding ... prayer in the suit is not only for a declaration that
the hypothication agreement is null and void but also
shows the said documents at CW-9
RTO office and canceled the hypothication agreement and
thereby the accused persons have committed the criminal
breach ... shows
the said documents at CW-9 RTO office and
canceled the hypothication agreement and
thereby the accused persons have committed
the criminal breach
complainant finance he
purchased 2nnd hand LPT lorry vehicle that has been
hypothicated in favour of the complainant finance ... Further he
admits photos of hypothicated which have been marked under
Ex.P.10 to 17. The accused has also admits issuance of cheque
