slow but it is no excuse for employing musclemen to repossess the vehicle for
which loan is given. Such type of instant justice cannot ... Such a behaviour is
required to be prohibited
and the process of repossession is required to be streamlined so as to fit in cultural
civilized
Hired Article is
kept/parked for the purpose of verification and also
repossession the Hired Article under the provisions of
clause 15 of this agreement ... REVIVAL OF THE AGREEMENT
In the event of the company repossessing the
Hired Article under any of the circumstances
stated in this agreement, the Hirer
there are more than two consecutive defaults, the financier could take repossession of the vehicle. It is also stated that apart from.possession ... which are all after the date of repossession i.e. after 20.10.1997. It is further stated that the complainant has filed a civil suit
stated that he never received any notice that his car would be repossessed on account of non-payment of one Installment. He submitted that ... around 9 p.m., his car was stopped by four persons of repossession agency and the driver was forcibly pulled
cars. Respondent No. 4, in purported exercise of its power to repossess the vehicle i.e. Honda City, repossess the same on 29.4.2003. Petitioner claimed ... that the repossession was in fact a case of cars matching.
4. Today in Court Mr. B.R. Handa, Senior Advocate handed over a banker
regularly and defaulted in making instalments, therefore,
the appellant/O.P./Bank repossessed the vehicle in question, as per
rules. He further argued that ... Deed of Hypothecation, the appellant/O.P./Bank is entitled to
repossess the vehicle in question and the appellant/O.P./Bank is
owner
period up to 21.5.2005, failing which to repossess the vehicle. A notice was also alleged to be sent to the guarantor. It is stated that ... paid the dues and after waiting for a month, the vehicle was repossessed by the petitioner in terms of the agreement on 13.7.2005. After repossessing
August, 1997. There was
no term in the agreement to seize or repossess the vehicle, if installments
were not paid or to sell the vehicle ... third party and to whom it was sold
illegally. The vehicles were repossessed
in September, 1997. Accordingly, respondents filed complaints seeking return of
vehicle
supurdnama' and meanwhile he
could not repay some installments, so OP repossessed the vehicle
forcibly through Pratap Singh. After repossession of the vehicle
complainant ... intimation of aforesaid act and it was also told that
// 3 //
repossession or sale of vehicle is done under due intimation to its
owner
case the Tribunal was correct in holding that the disposal of
repossessed cars by the Appellant Bank constitutes a sale by
the Bank?
(iv) Whether ... correct in holding that the
Appellant Bank which has disposed of cars repossessed from
defaulting borrowers is a dealer within the meaning of Section
