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    <title>Self-help vehicle repossession requires prior notice and fair procedure; arbitrary recovery can trigger restorative and compensatory relief.</title>
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    <description>Contractual self-help repossession of a hypothecated vehicle remains subject to fair-recovery safeguards, including prior notice, an opportunity to cure default, peaceful possession and a transparent sale process. A repossession clause permitting possession without notice, unrestricted entry to locate the vehicle, unspecified recovery or sale procedures, and unilateral waiver of notice cannot validate recovery outside those safeguards. Night-time removal by breaking a steering lock without a possession memorandum, and without the stipulated notice, constitutes unauthorised and arbitrary recovery. Delay alone cannot defeat a challenge where criminal remedies were promptly pursued and no prejudice is shown. Arbitrary repossession of a livelihood vehicle may justify restorative and compensatory relief, although a completed sale may remain undisturbed.</description>
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    <pubDate>Fri, 18 Sep 2026 07:31:58 +0530</pubDate>
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      <title>Self-help vehicle repossession requires prior notice and fair procedure; arbitrary recovery can trigger restorative and compensatory relief.</title>
      <link>https://www.taxtmi.com/highlights?id=103887</link>
      <description>Contractual self-help repossession of a hypothecated vehicle remains subject to fair-recovery safeguards, including prior notice, an opportunity to cure default, peaceful possession and a transparent sale process. A repossession clause permitting possession without notice, unrestricted entry to locate the vehicle, unspecified recovery or sale procedures, and unilateral waiver of notice cannot validate recovery outside those safeguards. Night-time removal by breaking a steering lock without a possession memorandum, and without the stipulated notice, constitutes unauthorised and arbitrary recovery. Delay alone cannot defeat a challenge where criminal remedies were promptly pursued and no prejudice is shown. Arbitrary repossession of a livelihood vehicle may justify restorative and compensatory relief, although a completed sale may remain undisturbed.</description>
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      <pubDate>Fri, 18 Sep 2026 07:31:58 +0530</pubDate>
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