1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.96/2009 WITH C.A. NO. 1293/2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Smt. A.N. Ansari, Advocate for appellant. Mr. Deepak Padwale, Advocate for respondents. [CORAM : K.U. CHANDIWAL, J. ] Date : 7th April, 2010. PER COURT : 1 Heard Smt. Ansari, Advocate for the appellant. The plaintiff questions the dismissal of the suit and also First Appeal. 2 Undisputedly, under hire purchase agreement, plaintiff got possession of the jeep. He could not, in the eyes of law, stake claim to the vehicle unless the obligations cast on him are scrupulously complied with. 2 Failure to remit the installments provided a lever to the financer to take possession of the vehicle as in the R.T.O. record, the vehicle stands in the name of financer. The activities were certainly within parameter of the agreement. If any payment after suit is made by appellant, for which Smt. Ansari tried to flash some entries, it is for the appellant to settle account with the financer. However, for that, dismissal of suit, could not be revived. No merit in the second appeal. It is dismissed with C.A.. Interim protection in favour of the appellant vacated. [K.U. CHANDIWAL, J.] tsk/96.09