agreement, or an agreement of lease or an agreement of hypothecation, the
person in possession of the vehicle under that agreement;”
9. The definition ... that the vehicle was the subject of an
agreement of hypothecation and was in possession and control of Respondent
2. The High Court has proceeded
hypothecated. The pledge and
hypothecation, however create a special
property in the goods in favor of the
pledge or the hypothecate. In the case ... security. In
the case of hypothecation, possessions
remains with the hypothecator but the
hypothecate has the right to take
possession of the hypothecated property
exercised the rights under the law and taken over the
possession of the hypothecated goods. Similarly, salt
plant machineries for an amount ... dues either by exercising
the right to get the possession of the hypothecated
goods and to retain the possession of the pledged
Page
vehicle by hire
of
purchase agreement or an agreement of hypothecation, the
person in possession of the vehicle under that agreement is the
owner ... subject of hirepurchase agreement or
an agreement of hypothecation, the
person in possession of the vehicle
under that agreement is the owner. It
also
vehicle by hire
of
purchase agreement or an agreement of hypothecation, the
person in possession of the vehicle under that agreement is the
owner ... subject of hirepurchase agreement or
an agreement of hypothecation, the
person in possession of the vehicle
under that agreement is the owner. It
also
agreement the applicant/petitioner bank has right
to take possession of the hypothecated vehicle in case of
default committed by the borrower/respondent ... agreement the applicant bank has right to
take possession of the hypothecated vehicle, as the
respondents have committed default in the matter of payment
Infrastructure Leasing ... vs B.P.L. Limited on 9 January, 2015
Author: Dipak Misra
Bench
fact that the vehicle was subject of
an agreement of hypothecation and was in possession and control
under the respondent no.2. The High Court ... there is a common thread that
the person in possession of the vehicle under the hypothecation
agreement has been treated as the owner. Needless
reads thus:
"6(b). Repossession of Asset: To take possession of the
hypothecated assets from where so ever it may be and remove ... involving the
asset to be stopped in order to take possession of the hypothecated
asset. Shriram shall not be liable for any damage or loss
Infrastructure Leasing &Fin.Services ... vs B.P.L. Limited on 9 January, 2015
Author
