https://www.taxtmi.com/caselaws?id=401342 In a hypothecation or hire-purchase arrangement, the financier remains entitled to repossess the vehicle on default where the borrower has admitted the loan, the hypothecation deed, and persistent non-payment. Such repossession, if done in terms of the agreement and recovery process, does not by itself amount to cheating, breach of trust, or other criminal misconduct. The Gauhati HC held that the interim order releasing the vehicle to the defaulting borrower on conditional payment was unsustainable, especially when recovery proceedings were already pending before the Debts Recovery Tribunal. The impugned order was set aside and the borrower's challenge failed. en-us Mon, 27 Jul 2020 00:00:00 +0530 Sat, 05 Dec 2020 12:23:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=401342 In a hypothecation or hire-purchase arrangement, the financier remains entitled to repossess the vehicle on default where the borrower has admitted the loan, the hypothecation deed, and persistent non-payment. Such repossession, if done in terms of the agreement and recovery process, does not by itself amount to cheating, breach of trust, or other criminal misconduct. The Gauhati HC held that the interim order releasing the vehicle to the defaulting borrower on conditional payment was unsustainable, especially when recovery proceedings were already pending before the Debts Recovery Tribunal. The impugned order was set aside and the borrower's challenge failed. Case-Laws Indian Laws Mon, 27 Jul 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=401342