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stay against finance vehicle | suit for permanent injunction against a finance company

Here we will discuss about the modal draft of a civil suit for permanent injunction against a finance company (Or stay against finance vehicle | suit for permanent injunction against a finance company) who financed a vehicle and the person who took the vehicle failed to deposit the finance amount on time to the finance company and due to which the company snatched or took the illegal possession of the vehicle. In that case we can file a civil suit for restraining the finance company from snatching the vehicle in question.

 


In the court of Civil Judge, Senior Division, ___________

                                                      

Ravindar Kumar                                                       …….Plaintiff

  VERSUS

M/s Shri Ram Transport Finance Co. Ltd

Branch Office at _________, 2nd Floor, _____

through its Manager/Authorized Representative                                                                            ……Defendant

Suit for Permanent Injunction

R/Sir,

           The plaintiff most humbly submits as under :-

1-      That the plaintiff is registered owner in actual and physical possession of vehicle TATA Dumpher bearing its Registration No. HR-_____________. The said vehicle was purchased by the plaintiff from XYZ son of Sh. ABC, R/o ________and the above said Dumpher has been transferred in the name of the plaintiff. The photocopy of the R.C. is enclosed herewith the plaint.

2-      That the above-mentioned vehicle was financed with the defendant company and as per the settlement between the plaintiff and the defendant it was decided that the plaintiff will pay the 37 equal monthly installment of Rs. 20,880/- per month to the defendant. The previous owner had received the full and final sale consideration of the above said vehicle from the defendant.  

3-        That the plaintiff has paid the following installments to the defendant company  :-

S.No.

Date

Amount

Mode of payment

1-

11-10-2008

Rs. 20,900/-

Cash

2-

08-11-2008

Rs.20,900/-

Cash

3-

08-12-2008

Rs.20,900

Cash

4-

07-01-2009

Rs.20,900

Cash

5-

10-02-2009

Rs.20,900

Cash

6-

07-03-2009

Rs.20,900

Cash

7-

07-04-2009

Rs.20,900

Cash

8-

08-06-2009

Rs.20,900

Cash

9-

22-07-2009

Rs.20,900

Cash

10-

08-09-2009

Rs.21000/-

Cash

11-

08-10-2009

Rs.21000/-

Cash

12-

09-11-2009

Rs.21000/-

Cash

13-

26-12-2009

Rs.22000/-

Cash

14-

23-01-2010

Rs. 21,500/-

Cash

15-

25-02-2010

Rs. 21,500/-

Cash

16-

11-03-2010

Rs. 22,000/-

Cash

17

08-05-2010

Rs. 21,000/-

Cash

18-

08-06-2010

Rs. 24,000/-

Cash

19

 

Rs.21,500/-

Cash

 

TOTAL

Rs. 4,04,600/-

 

 

 

 

 

 

4-       That in this way the plaintiff has been regularly and continuously paying back the loan amount to the defendant company by way of EMIs and till date a total amount of Rs. 4,04,600/- (Rupees Four Lacs four thousand & six hundred) has been paid to the defendant company.

5-      That due to the complete stopping of the mining work the plaintiff has no work and due to this reason the plaintiff could not deposit 1/2  installments with the defendant company. However, the same i.e. due installments have again been refinanced by the defendant company and that has been added in the balance monthly installments which are to be paid by the plaintiff in the future and as such practically there is nothing outstanding towards the plaintiff from the defendant 

6-      That on 12-03-2010 the defendant had sent his hired goons to illegally take the possession of the vehicle of the plaintiff and they also snatched Rs. 10,000/- from the driver of the plaintiff at _____ and the plaintiff filed an application against the defendant before the SHO concerned.

7-      That even though even after 12-03-2010 the defendant company has been regularly accepting and receiving the payment from the plaintiff but yet again on dated 07-06-2010 the defendant company yet again had sent its private and hired goons to once again take the forceful and illegal possession of the plaintiff’s vehicle near village ________.

8-       That the plaintiff on dated 08-06-2010 paid an amount of Rs. 24,000/- to the defendant company which has been duly received by the defendant company vide its receipt dated 08-06-2010 for Rs. 24000/- and at the same time the plaintiff requested the official concerned as to why they are trying to illegally possess /pick up the vehicle of the plaintiff upon which the concerned officials did not answer satisfactorily and just shrugged off and said that probably the orders are from the higher ups. However, he did not give any explanation.   

9-      That the plaintiff has no other independent source of income and the plaintiff is ready to pay the actual amount of finance with simple interest to the defendant as he has been paying it regularly  but the defendant is adamant to pick up the plaintiff’s vehicle without there being any reason or cause illegally and forcefully for which they have no right and title to do so.

10-     That now the defendant along with some musclemen is bent upon to snatch the vehicle from the custody and possession of the plaintiff forcibly and illegally.

11-    That in case the defendant is succeeded in snatching the vehicle of the plaintiff in that event the plaintiff is going to suffer an irreparable loss and injuries which cannot be compensated in any manner whatsoever. 

12-   That the cause of action to file the present suit firstly accrued on 12-03-2010 when the defendant’s private and hired goons tried to snatch the vehicle of the plaintiff and also snatched the amount of Rs. 10000/- from his driver. The cause of action finally arose on 07-06-2010 when  the defendant company yet again had sent its private and hired goons to once again take the forceful and illegal possession of the plaintiff’s vehicle. Hence this suit.

13-     That the present suit being filed by the plaintiff against the defendant is the first suit and no such suit has been previously filed, pending or decided by any court of law on the same subject matter.

14-       That plaintiff is residing at ______and the defendant company is situated at _______ and the and entire cause of action also accrued between the parties within the territorial jurisdiction of this Hon’ble court, therefore, this hon’ble court has got the jurisdiction to entertain and try the present suit.

15-     That the value of the suit for the purposes of court fee and jurisdiction is assessed at Rs. 200/- upon which a fixed court fees has been affixed on the plaint.

PRAYER:

It is, therefore, prayed that this Hon’ble court may graciously be pleased to:

i)        Pass a decree for permanent injunction restraining the defendant from forcibly snatching the TATA Dumpher bearing its Registration No. HR-_________from the possession and custody of the plaintiff forcibly and illegally and also restraining them from selling the same to any other person forcibly and illegally except in due course of law.

ii)      The costs of the suit may kindly be awarded in favour of the plaintiff and against the defendant.

iii)      Any other Relief which this Hon’ble court deems fit and proper may also kindly be granted in favour the plaintiffs and against the defendant.

                                                                 PLAINTIFF

 RavindarKumar

 

THROUGH COUNSEL


VERIFICATION:Verified that the contents of paras No.1 to 12 of the plaint are true and correct to best of my knowledge and Paras No. 13 to 15 of the plaint are true to best of my knowledge and belief. The last Para is the prayer before this hon’ble court. Verified at                                                                                                             PLAINTIFF


 

 

In the court of Civil Judge, Senior Division, _____________

Ravindar Kuma        VERSUS       M/s Shri Ram Trasport Finance Co. Ltd

 

 Suit for Permanent Injunction

Application Under Order 39 Rule 1 & 2 read with Section 151 CPC

 

RESPECTFULLY SHOWETH

1-     That the applicant/plaintiff has filed the above noted suit today before this Hon’ble court the contents of which be read as part and parcel of this application as the same are not being reproduced here for the sake of brevity and avoidance of repetition.

2-     That now the respondent /defendant along with some musclemen is bent upon to snatch the vehicle from the custody and possession of the plaintiff forcibly and illegally for which they have got no right, title and interest to do so. If the respondent/defendant is succeeded in snatching the vehicle of the applicant/plaintiff in that event the plaintiff is going to suffer an irreparable loss and injuries, which cannot be compensated in any manner whatsoever. 

3-       That there is a good prima-facie case in favour of the plaintiff and against the defendant/respondent the balance of convenience also heavy tilts in favour of the applicant/plaintiff. 

4-     That the purpose for filing the present suit will be defeated in case the relief sought for is not granted to the plaintiff/applicant.

PRAYER:

It is therefore, prayed that an exparte ad interim injunction order thereby restraining the defendants from forcibly snatching the restraining the defendant from forcibly snatching the TATA Dumpher bearing its Registration No. HR-________ from the possession and custody of the plaintiff forcibly and illegally and also restraining them from selling the same to any other person forcibly and illegally except in due course of law may kindly be passed in favour of the applicant/plaintiff and against the respondent/defendant till the final decision of the suit.

Dated                                                                                                                     PLAINTIFF

                                                           

(Affidavit in support of application)

In the court of Civil Judge, Senior Division, _______

                           Ravindar Kumar

                          VERSUS

      M/s Shri Ram Transport Finance Co. Ltd

  Suit for Permanent Injunction

                                           AFFIDAVIT.

I, Ravindar Kumar _____________ do hereby solemnly affirm and declare as under:

1-       That the deponent has filed the above noted suit along with an application for stay, today before this hon’ble court, the contents of which be read as part and parcel of this affidavit for the same of brevity.

2-      That the contents of my above suit and application for stay have been read over to me by my counsel which are true to best of my belief. 

DEPONENT

VERIFICATION:

          Verified that the contents of my above affidavit are true and correct to best of our knowledge and nothing concealed therein. Verified                                                                                                            DEPONENT

(Affidavit in support of plaint)

In the court of Civil Judge, Senior Division, _______

Ravindar Kumar 

VERSUS

M/s Shri Ram Trasport Finance Co. Ltd

 

  Suit for Permanent Injunction

                                             AFFIDAVIT.

I, Ravindar Kumar __________________do hereby solemnly affirm and declare as under:

1-That the plaintiff, has filed the above titled suit in this Hon’ble Court and the contents of the same have been read over to us by our counsel in simple Hindi language, which we accept to be true and correct and same may be read as part of this affidavit in order to avoid the unnecessary repetition.

                                             DEPONENT.

VERIFICATION:Verified that the contents of my above affidavit are true and correct to best of our knowledge and nothing concealed therein.  Verified at

                                                                                                   DEPONENT.

 

 

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