Ashok Kumar Garg v. M/S Cholamandalam Investment And Finance Company Ltd & ANR

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EFA(OS) 3/2017 ASHOK KUMAR GARG ..... Appellant Represented by:

Mr.Manu Bansal, Adv.

versus M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD & ANR ..... Respondent Represented by:

None

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 12.01.2017 CM No.880/2017 Exemption is allowed subject to all just exceptions. EFA(OS) 3/2017 1.

Having heard learned counsel for the appellant, we find no merit in the appeal. The receipts in question do not record that payment received by the respondent is in full and final settlement of the loan disbursed and the mortgage stands foreclosed. Concededly title documents when equitable mortgage was created are still with the respondent. EFA(OS) 3/2017

2.

The view taken by the learned Single Judge that since the receipts do not record that payment received is towards full and final satisfaction of the award, the contention of the appellant that the award is satisfied is legally not tenable.

3.

We dismiss the appeal in limine.

4.

No cost.

CM No.879/2017 Since the appeal has been dismissed in limine the instant application which seeks stay of execution proceedings is dismissed as infructuous. PRADEEP NANDRAJOG, J YOGESH KHANNA, J JANUARY 12, 2017 VLD EFA(OS) 3/2017