L.N. Mittal, J. - (1.) (Oral) - This is regular second appeal by defendant No.2- M/s. Mahindra & Mahindra Finance India Ltd.
(2.) It is undisputed that respondent No.1-plaintiff purchased four wheeler HR-38-D-5951 from defendant No.1/respondent No.2 for Rs. 3,11,393/-. The said vehicle was financed by defendant No.2-appellant to the extent of Rs. 2,20,000/-. Persons of defendant No.2 took possession of the aforesaid vehicle from the plaintiff on 03.03.2001.
(3.) Case of the plaintiff is that he was paying the loan in installments to defendant No.2 regularly and, therefore, forcible seizure of vehicle from plaintiff by defendant No.2 was illegal. The plaintiff claimed permanent injunction restraining the defendants from selling the vehicle and from recovering the balance amount of loan in lump sum. The plaintiff also claimed mandatory injunction directing the defendants to deliver back the vehicle to the plaintiff and also to pay damages at the rate of Rs. 1500/- per day since 03.03.2001, the date of seizure of the vehicle till return of the vehicle to the plaintiff.;