Narendra Singh v. Tata Motors Finance Ltd

ODC-4 ORDER SHEET AP/167/2023

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) NARENDRA SINGH VS TATA MOTORS FINANCE LTD

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date : 12th April, 2023 Appearance:

Mr. Shubham Gupta, Adv.

Mr. Rajiv Kumar, Adv.

Mr. Raunak Shaw, Adv.

...for the petitioner Mr. Saubhik Chowdhury, Adv.

Ms. Tapasika Bose, Adv.

...for the respondent The Court: Heard Counsel appearing on behalf of the parties. This is an application made under Section 9 by the petitioner who has taken loan from financial institution. The financial institution took over his vehicle on 15th March, 2023. The petitioner submits that he is ready and willing to make a payment of Rs.4,23,708/- within a period of 15 days and undertakes to pay the remaining amount in instalments in terms of the agreement in accordance with law.

In light of the same, this Court directs the petitioner to make a payment of Rs.4,23,708/- within a period of 15 days to the financial institution and

upon such payment being made, the financial institution is directed to return the vehicle to the petitioner. The petitioner shall continue to pay the remaining instalments as per the agreement and shall also withdraw the suit filed before the City Civil Court within a period of two weeks from date. I make it clear that in the event of any defaults, the financial institution shall have the right to act in accordance with law. AP/167/2023 is disposed of.

(SHEKHAR B. SARAF, J.) R.Bhar