Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Civ Suit180/24
MUKESH KUMAR Vs. BIPIN PRASAD GUPTA
02.03.2024
Fresh suit received by way of assignment. It be
checked and registered.
Present : Ld. Counsel for the plaintiff.
Let summons be issued to the defendant on filing of PF,
RC and speed post, returnable on 20.05.2024.
At this stage, Ld. Counsel for the plaintiff presses his
application U/O 39 Rule 1 & 2 CPC. It is his argument that the plaintiff
is the registered owner of TSR bearing No.DL1RP3012 and had taken
a loan against the said vehicle for a sum of Rs.2 Lakhs in March, 2017.
As per the plaintiff, he has already paid approx. Rs.3,36,000/- to the
defendant and despite the said payment, the defendant is threatening to
illegally re-possess the said vehicle without following due process.
Plaintiff prays that till next date of hearing, ex-parte injunction be
granted against the defendant from illegally re-possessing the vehicle.
Considering the fact that the plaintiff is the registered
owner of the vehicle, he has a prima facie case in his favour. Again, for
the same reason balance of convenience also lies in his favour and in
case, defendant succeeds in taking illegal possession of the vehicle, the
loss suffered by the plaintiff cannot be assessed easily in terms of
money. Accordingly, an ex-parte injunction is granted in favour of the
plaintiff till next date of hearing thereby restraining the defendant from
taking forcible possession of the vehicle in question i.e. TSR bearing
registration No.DL1RP3012. It is made clear that the said injunction is
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granted on the submission of the Ld. Counsel for the plaintiff that there
is no Court order in favour of the defendant authorizing him to take
possession of the vehicle. It is clarified that the injunction granted in
favour of the plaintiff shall not operate against any Court order which
the defendant may have in his favour, if at all.
Let plaintiff comply with the provisions of Order 39 Rule
3 CPC. Let copy of this order be given dasti.
List for appearance of the defendant and further
proceedings on 20.05.2024.
Aashish Gupta
SCJ-cum-RC,
East/KKD/02.03.2024
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