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
mortgaged land and building and
the plant and machinery was also hypothicated
with respondent No.1 and 2.
3.4 Respondent No.4-M/s. Jaiswal ... which was mortgaged as well
as the plant and machinery which was
hypothicated by respondent No.4 while
exercising powers under section
Dalip Rajput, she had taken loan from ICICI Bank.
This car was hypothicated before the said bank and later on she
defaulted in making payment ... tried to remove the engines of the air
craft which were hypothicated before IOC and that had led the IOC to
file a criminal proceeding
criminal proceedings against the petitioner
including enforcement of security/repossession of
the hypothicated vehicle without further Notice
or demand.
2.7. According to the petitioner, before ... Agency engaged by the respondent
No.1-Bank forcefully repossessed the hypothicated
vehicle on 22.12.2021. The petitioner tried to
lodge complaint at local Police Station
certificate dated 08.04.2021
produced on the record, and submitted that the
sanctioned hypothication limit was for Rs.3,00,000/
on 01.07.2011 by account ... been closed on
08.04.2021 and there are no dues in the said
hypothication account.
2.5 Learned advocate, Mr.Ankit Bachani has submitted
that the Criminal
certificate dated 08.04.2021
produced on the record, and submitted that the
sanctioned hypothication limit was for Rs.3,00,000/
on 01.07.2011 by account ... been closed on
08.04.2021 and there are no dues in the said
hypothication account.
2.5 Learned advocate, Mr.Ankit Bachani has submitted
that the Criminal
meters along with the construction thereon
was mortgaged and plant and machinery
hypothicated with the State Bank of India and
various other property was mortgaged
cost of the suit, by selling
movable and immovable properties mortgaged or
hypothicated. It was on the basis of the said decree
that the plaintiff
monthly installments and the monthly
installment was Rs.17,296/-. The hypothication agreement was executed
by the parties and same is reflected in the registration ... finance company, sanctioned the vehicle
loan and the vehicle has been hypothicated with the applicant
company. The respondent no.2 is not the absolute owner
petitioner- Bank. Shri Raval in his deposition clearly stated' that the hypothicated goods which formed the subject matter of security were lost as there
