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Madras High CourtA/1079/2021dismissed

M/S Vardhaman Finance v. M.Balaji

2021-03-16Honourable Ms. Justice P.T. Asha2 pages

A.No.1079 of 2021 A.No.1079 of 2021 P.T.ASHA, J., The above application has been filed for a direction to appoint an Advocate Commissioner to seize and deliver the subject vehicle. 2.In the affidavit filed in support of the application, the applicant would submit that the respondent had availed a loan facility for the purchase of Hyundai Verna for a sum of Rs.4,50,000/- and a Loan Agreement was entered into between the parties. However, the affidavit filed in support of the application does not give any detail regarding the date of the Agreements. Further, in the typedset of papers a blank agreement has been filed. The document does not contain either the name of the owner or the hirer. The amount financed, the details of the vehicle for which the loan is given, schedule of repayment, etc., are blank. Therefore, the very basis of which the above application has been filed is suspect. 1/2 http://www.judis.nic.in

A.No.1079 of 2021 P.T.ASHA, J., mps Considering the fact that there is no agreement between the parties, the present application is not maintainable and accordingly, this Application is dismissed.

16.03.2021 mps A.No.1079 of 2021 2/2 http://www.judis.nic.in