possession

Querist : Anonymous (Querist) 21 April 2011 This query is : Resolved
Respected All Experts,
A is the regi. finance co. B is Principle borrower.He paid 5 instalment After that four wheeler which was in possesion of B thefted by unknow person B lodged Complaint to nearest police station.Before one month ago police has seized this FW under investigation.B filed his application U/s-457 of crpc.Notice not served to financer.A has HP on RC Book.Application disposed by Hon"ble court without notice to A.Between A & B executed loan cum hypothication Agreement(in this Arbitration Clause mentioned).B has not paid any instalment to A till date from theft of FW.Today B Has taken possesion of FW by the order of court without notice A.Pls give me gaidence about this.What is remeady available to A.I have infavour of A.

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R.Ramachandran (Expert) 21 April 2011
Please tell whether you are for "A" or "B", not that the reply will depend upon that. But, first want to know as to whom you represent.

Parveen Kr. Aggarwal (Expert) 21 April 2011
Service of notice on A was not mandatory. B is the registered owner of the property having right to possess the vehicle and the court can hand over possession of the vehicle to B.

A can avail remedies against B for the recovery of the loan amount.

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