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
present complaint within the pecuniary
jurisdiction of the State Commission, a hypothical assessment
has been made by the complainant which is not supported
done approximately in
March 2010 because the vehicle of the accused was hypothicated
Case No. : 21414/09 Page No. 7 of 19
to the complainant
whether the
sale in favour of the petitioner is before hypothication or not is a matter of
evidence. Therefore, I find nothing to interfere with ... contention of the petitioner that he is a purchaser even before the
hypothication. Investigating officer also may consider whether the
offences alleged are made
amounts from the first
: 12 :
defendant also. He executed a simple mortgage
hypothicating the suit property in favour of this
defendant for Rs.3000
amounts from the first
: 12 :
defendant also. He executed a simple mortgage
hypothicating the suit property in favour of this
defendant for Rs.3000
respondent. It is seen from
the records that the vehicle was under hypothication with the third
respondent/Canara Bank and there was an agreement prevailing
Department and prohibiting them not to effect any
transfer or endorsing any hypothication agreement
until further orders or till disposal of the case
solvent
sureties and also a direction that the petitioner shall not
hypothicate or sell or otherwise dispose of the vehicle until
further orders. In such
husband, the
1st accused, in favour of the petitioner after
hypothicating the properties with the Bank for
B.A.NO. 2664 OF 2012 2
availing
