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
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
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
thereafter petitioner
has made an application before the Joint RTO, Ranni for
hypothication termination and for the renewal of regular
permit in respect ... sent a request to the Joint RTO to endorse the
termination of hypothication and to issue the renewal of
W.P.(C). No.16723
stated that, at
the time of executing Ext.P8 loan cum hypothication
agreement, ten blank signed cheques were obtained and
misusing ... same in 60 monthly
instalments and executed Ext.P8 loan cum hypothication
agreement on 18.11.2010 and an amount
with respondents
1 and 2 in respect of two separate loan cum hypothication
agreement on 31.08.2012 for purchase of two Tata LPT
1109 lorries ... vehicles
involved in this case. The fact that, the vehicles were
hypothicated to the petitioner company and the respondents
1 and 2 have committed default
with respondents
1 and 2 in respect of two separate loan cum hypothication
agreement on 07.09.2012 for purchase of two Tata LPT
1109 lorries ... vehicles
involved in this case. The fact that, the vehicles were
hypothicated to the petitioner company and the respondents
1 and 2 have committed default
application for loan) from the company
and without noting the hypothication. That vehicle was
sold to the 4th accused also with the connivance ... letter from the IOB was received in the company to note
the hypothication. The 1st accused who had other
transactions with the company made
other accused
obtained a loan of Rs.10,000/- on 24.06.95 by
hypothicating the stocks of the firm. After sanctioning
the loan by accepting hypothication ... Senior Manager,
Nedungadi Bank Ltd., Thalassery that the accused had
already hypothicated the stocks to their bank as security
for taking credit facility. Thus
right to be
heard, indeed in a case where ex hypothe there is no right to
be heard, it may be thought more important
