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
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
defendants had executed
acknowledgment of loan, Renewal Letter for all facilities,
Composite Hypothication Agreement, Link Letter, Agreement,
5
COM.O.S.222/2024
Demand Promissory ... Renewal
Letter for all facilities, Composite Hypothication Agreement
Ex.P.4, 9, Link Letter, Agreement, Demand Promissory Note at
Ex.P.13, Letter of Renewal
loan
application, ExP3sanction memorandum, ExP4agreement
cum deed of hypothication, ExP5enclosure, ExP6
certificate of loan papers obtained ... hypothication
letter, ExP8notice, ExP9postal receipt, ExP10postal
acknowledgment, ExP11loan ledger account extract.
9. Inspite of due service
books and the Ex.P.19
to P21 the Hypothication agreements evidences the fact of
the accused no.2 purchasing the vehicles i.e., Tempo ... from the complainant by raising loan and by executing the
above said hypothication agreement. Even, there is a clear
mention
deposed that after
purchasing of vehicle he accused executed hypothicated
agreement and paid 6 installments regularly . His specific defence
on 2.6.2016 accused vehicle met with ... transaction
which was held between the complainant finance with respect to
the hypothicated vehicle for principal loan amount of
Rs.3,10,000/ dated
reveals that as per defence the
complainant finance has seized the hypothicated vehicle in the
year 2017. To prove this fact, there is no documentary ... admits during his cross
examination that he is in possession of the hypothicated vehicle
and through it he is having source of income. Therefore though
security towards re-
payment of said loan. Further, the complainant company
got hypothicated the machineries purchased through al-
leged loan towards security of said loan ... complainant company has not dis-
closed said fact of seizer of hypothicated machineries and
also the arbitration proceedings initiated against the ac-
cused. As such
2019
(pg no.18 to 23)
Ex.P.7 Supplemental composite instrument hypothication deed
dtd.06.11.2019 ... 2019
Ex.P.11 Attestation memo
Ex.P.12 Hypothication deed dtd.24.10.2019 (pg no.65 to 69)
Ex.P.13 Original offer
2019 (pg no.9 to 13)
Ex.P.5 Composite hypothication agreement dtd.27.12.2019 (pg
no.14 to 29)
Ex.P.6 Pronote ... 2024 (pg no.103 to 106)
Ex.P.21 Deed of hypothication dtd.24.06.2024 (pg no.107 to 117)
Ex.P.22 Statement
