Supreme Court · 2006 INSC 78 · Decided 10 February 2006
The Managing Director, Orix Auto Finance (India) LTD. v. Shri Jagmander Singh and Anr
- Court
- Supreme Court of India
- Citation
- 2006 INSC 78 · [2006] 2 S.C.R. 169
- Case number
- CIVIL APPEAL No. 1070/2006
- Decided
- 10 February 2006
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 115; Constitution
Headnote
B "· Hire-Purchase: Hire-Purchase Agreement-Clause ID-Financier taking repossession of financed vehicle in case of default-Suit for declaration and injunction by hirer-Trial Court directing financier to release vehicle on deposit c of balance instalments with interest-Order upheld by was permissible in terms of the agreement- However, defaulted amount having been deposited and also vehicle if not used would lose its value, vehicle directed to be released on payment of additional sum. D Constitution of India, I 950-Article 226-Financier taking repossession > of financed
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