...purchased a car finance by the Op no.1 and paid 29 EMI out of 36EMI whereas Op has been demanding more EMIs. Complainant has alleged to make the payment as per terms and conditions of the hypothecation/loan agreement. It...is evident that the reliefs are based on terms and conditions of the hypothecation/loan agreement. Complainant has not file the hypothecation/loan agreement and the oral statement made...in the complaint is inadmissible as the matter was reduced in writing in the form of document. Thus the complaint case is not proved in the absence of hypothecation/loan agreement. Accordingly...

...arbitrator to decide the dispute between the petitioner and respondent in accordance with Article 20 of the Hypothecation Agreement dated 28.03.2019. 2.Learned counsel appearing for the petitioner would submit that the petitioner is a Non-Banking Finance Company registered under the provisions of the Companies Act 1956 and carries business of extending various finance facilities. While so, the 1strespondent approached the petitioner and requested to avail a loan of...borrower and the respondents 2 and 3 as guarantors had entered into a Hypothecation Loan Agreement dated 28.03.2019 for the purchase of vehicle namely TATA Tipper LPK 2518 TC bearing Engine...the 1strespondent. Therefore, the petitioner by letter dated 27.07.2022, called upon the respondent to appoint the Arbitrator by invoking the Article 20 of the Hypothecation Loan Agreement. The...

...parties as per hypothecation agreement. FINDINGS 11. The admitted fact which emerges on record is that vehicle bearing No. HP-23A-3543 was financed by opposite parties/Finance Company. 12. The complainants have alleged that they were regularly paying the loan installments... accordance with law, as per the terms and conditions of the hypothecation/loan agreement. 14. Plea of the complainants is that on 20-04-2016, complainant No...the terms and conditions of the hypothecation/loan agreement and 7 since the complainants made default in repayment of...

...charged in violation of the RBI guidelines and consequently forbear them from taking all further action in respect of the hypothecation loan agreement of the vehicle Maruthi Ciaz Alpha bearing its...charged in violation of the RBI guidelines and consequently forbear them from taking all further action in respect of the hypothecation loan agreement of the vehicle Maruthi Ciaz Alpha bearing its...Registration No. TN 37DD 2846. 2. On 09.01.2019, the petitioner has availed loan from the second respondent for a sum of Rs.9,40,000/- and directing the petitioner to pay margin money of Rs...

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...petitioner had purchased a 10 wheeler truck bearing Regd. No.0R-04-F-5976 to maintain his livelihood taking financial assistance from the O.P under Loan cum-Hypothecation Agreement bearing No.33PURO2122003...the loan to purchase the 10 wheeler truck . The petitioner and his guarantor after understanding the terms and condition of hypothecation agreement in favour of the O.P bearing Agreement No. Jajpur RO212200003 to clear up the loan amounts...hypothecation loan agreement .The petitioner can not go back from the terms and condition of hypothecation agreement as per the provision of contract act . It is contended that the present claim of the petitioner is vague and absurd after clearance of the loan dues...

...petitioner had purchased a 10 wheeler truck bearing Regd. No.0R-04-F-5976 to maintain his livelihood taking financial assistance from the O.P under Loan cum-Hypothecation Agreement bearing No.33PURO2122003...the loan to purchase the 10 wheeler truck . The petitioner and his guarantor after understanding the terms and condition of hypothecation agreement in favour of the O.P bearing Agreement No. Jajpur RO212200003 to clear up the loan amounts...hypothecation loan agreement .The petitioner can not go back from the terms and condition of hypothecation agreement as per the provision of contract act . It is contended that the present claim of the petitioner is vague and absurd after clearance of the loan dues...

...vehicle where the loan borrower had defaulter in the payment of installments. Even though in the terms and conditions of hypothecation loan agreement that the appellant will be entitled to seize the...the vehicle in her name and the same was hypothecated to the appellant for loan. The District Commission perused the agreement that the heading of the agreement itself shows that it was an hypothecation...loan agreement and not hire purchased agreement. Hence, the conclusion of the District Commission that the agreement Appeal No. 3296/2011 between the appellant and respondent is an hypothecation...

...Protection Act, 1986. 1. The averments of the complaint are in brief: The complainant purchased an Excavator under Hypothecation Loan Agreement with the 1 opposite party...purchased Excavator under the hypothecation loan agreement with the 1 opposite party through their local branchst office at Vijayawada i.e., the 2 opposite party and subsequently he repaid all thend...deliver original invoice of the said excavator which was deposited with the 1 opposite party at the time of execution of hypothecation loan agreement. But thest 1 opposite party did not...

...:- 2. The opposite party accepted their hypothecation loan agreement between the complainant for her vehicle with them, and submitted that the total amount as per...instalment of Rs.1,716/- only but have falsely stated that the complainant had paid Rs.11,547/- as deduction amount to opposite party. The hypothecation loan agreement termination period was 07.04.2020...complainant is entitled for the reliefs claimed. 6. The opposite party accepted the hypothecation loan agreement and the complainant had paid an advance instalment of Rs.1,716...

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...clear the entire loan and to cancel the hypothecation agreement had approached the Op to give final balance amount due under loan, for which Op had demanded for Rs.6,50,000/- without giving any actual..., Mylapore, Chennai-04 and branch office at K.M.Road, Chikmagalur city. The complainant has entered into hypothecation/loan agreement dated 26.11.2012 with this Op and availed loan of Rs.4,50,000/- for...complainant totally had paid Rs.3,52,300/- till this day and is in due of Rs.6,81,190/- as on 27.06.2016. The complainant is abide by terms and conditions of the hypothecation agreement and as per the clause 6 of the agreement this Op has got right to re-possess the vehicle in case any default in paying the loan as...

...the criminal proceedings pending against him.It is the case of the petitioner that under a Hypothecation Loan Agreement, the petitioner took a financial assistance from the opposite party...

...Proprietor is Shri Vijay Kumar Bang. Defendant Nos. 2 to 4 are the guarantors of defendant No. 1. A sum of Rs. 2.10 lac towards cash credit loan (hypothecation) was allowed by the Bank to defendant No. 1 on 13-1-1992. Eventually, the promissory note of Rs. 2.10 lac towards cash credit hypothecation loan agreement was...indemnifying the loan and accordingly executed the documents. 3. It is the further case of the plaintiff that defendants agreed to pay Rs. 23.75 paise per annum interest. The account of...defendant No. 1 is maintained by the Bank indicating the details when the amount of loan was utilized by defendant No. 1 and in how and which manner the same was repaid. A sum of Rs. 2,90,002.40...

...loan agreement dated 18.05.2017 vide Annexure A-16; hypothecation loan agreement dated 18.05.2017 vide Annexure A-17; MCLR agreement dated 18.05.2017 vide Annexure A-18; agreement dated 18.05.2017 vide...Annexure A-8; composite loan agreement dated 18.05.2017 vide Annexure A-9; agreement dated 18.05.2017 vide Annexure A-10; MCLR agreement dated 18.05.2017 vide Annexure A-11; DP Note dated 18.05.2017 vide...; composite loan agreement dated 01.02.2019 vide Annexure A-24; acknowledgement dated 01.02.2019 vide Annexure A-25 & A-26; legal notice dated 30.06.2019 vide Annexure A-27; chart of...

...20.01.2015. As demanded by the OP No.1, the complainant deposited signed blank cheques as guarantee. At the time of getting finance, the OP No.1 got signed hypothecation/loan-agreement from the...OP No.1 for termination of the hypothecation/loan agreement and for No Due Certificate to enable the complainant to apply for a new registration certificate. However, OP No.1 informed the complainant...harassment to the complainant. Hence this complaint for giving directions to the OPs to issue him duplicate copy of loan agreement; terminate the agreement and issue NDC in the name of the complainant...

...Applicant Bank vide Board Resolution dated 31.10.2005. It is stated that the 1st defendant executed various loan documents on 15.02.2005 viz., Agreement of Hypothecation and Facility Agreement. It is...to execute the Documents in favour of the Applicant Bank vide Board Resolution dated 07.09.2006 and the 1st defendant executed various loan documents on 7.9.2006 viz., Deed of Hypothecation, Loan Agreement. It...Board Resolution dated 21.06.2007. It is stated that the 1st defendant executed various loan documents on 10.1.2008 viz., Deed of Hypothecation and Loan Agreement. It is contended that the First...

...loan documents on 15.02.2005 viz., Agreement of Hypothecation and Facility Agreement. It is contended by the applicant that at the request of the First Defendant the Applicant Bank had reduced the...1st defendant executed various loan documents on 7.9.2006 viz., Deed of Hypothecation, Loan Agreement. It is contended that the defendants 2 and 3 executed guarantee agreement on 7.9.2006...., Deed of Hypothecation and Loan Agreement. It is contended that the First Defendant through Second Defendant executed a Declaration cum Undertaking dated 07.05.2008 undertaken to extend the equitable...

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