Search Results for "repossession"

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Search Results for "repossession"

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Supreme Court

Supreme Court Allows Financier's Appeal in Consumer Dispute Over Hire-Purchase Repossession — Held That Financier Is Not a 'Service Provider' Under Consumer Protection Act, 1986 for Repossession of Vehicle on Default. The court ruled that repossession of a vehicle under a hire-purchase agreement after default is a contractual right and not a deficiency in service.

1 Jan 2019

The appeal arose from a consumer dispute where the respondent, Rajesh Kumar Tiwari, had entered into a hire-purchase agreement with the appellant, M/s...

Supreme Court

Supreme Court Partially Allows Bank's Appeal in Consumer Dispute Over Valuation of Timber Goods. The Court upheld findings of deficiency in service for wrongful vehicle repossession but remanded timber valuation issue to State Commission for fresh consideration due to lack of proper evidentiary examination by lower forums.

3 Feb 2022

The dispute originated from a consumer complaint filed by Simarjit Singh against IndusInd Bank Limited regarding deficiency in service. In July 2006, ...

High Court

Madras High Court Allows Arrest of Vessel for Maritime Claim Under Admiralty Act, 2017 — Bunker Supply Constitutes Necessaries. The court held that supply of bunkers to a vessel is a maritime claim under Section 4(1)(l) of the Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 2017, and granted conditional arrest subject to furnishing of security.

6 Feb 2026

The plaintiff, Om Freight Forwarders Limited, a company engaged in freight forwarding and bunker supply, filed a civil suit under the Admiralty (Juris...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Hire Purchase Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Found to be Patently Illegal or Contrary to Public Policy. The court upheld the arbitral tribunal's award of Rs. 23,00,000/- with interest at 18% per annum, finding no error in the tribunal's interpretation of the hire purchase agreement or assessment of damages.

24 Aug 2016

The petitioner, Aidek Tourism Services Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbi...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

High Court

Bombay High Court Allows Petitioner's Challenge to Interim Custody Order in Vehicle Dispute — Held That Magistrate Must Decide Custody Based on Possession and Title, Not Merely on Claim of Purchase. The Court set aside the order granting interim custody to the auction purchaser without considering the petitioner's claim of possession and illegal repossession under the hire purchase agreement.

25 Jun 2013

The petitioner, Tukaram Gangaram Bhange, filed a criminal writ petition challenging an order of the Judicial Magistrate First Class (J.M.F.C.), Nanded...

High Court

Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

16 Mar 2017

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

High Court

Bombay High Court Allows Section 9 Petition for Appointment of Receiver and Injunction in Loan Default Case — Lender Entitled to Interim Measures to Secure Repayment of Outstanding Amount. The court held that where a borrower defaults and the loan agreement provides for repossession, the lender is entitled to interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, including appointment of receiver and injunction to prevent alienation of assets.

18 Dec 2013

The petitioner, L & T Finance Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures agains...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Loan Dispute, Upholds Financer's Claim. Court holds that existence of arbitration agreement is not a jurisdictional issue under Section 16 of Arbitration and Conciliation Act, 1996, and the award is not patently illegal.

17 Dec 2012

The judgment concerns two arbitration petitions: Arbitration Petition No. 783 of 2011 filed by the borrowers (M/s. Sahyadri Earthmovers and its partne...

Supreme Court

Supreme Court Dismisses SLP and Orders Closure of School for Persistent Non-Compliance and Contemptuous Conduct in SARFAESI Act Proceedings. Borrowers who repeatedly breached court orders and undertakings are not entitled to any further indulgence; school must close and secured creditor to get possession with police help.

22 Apr 2026

The Supreme Court dismissed a special leave petition filed by Petitioners against a Bombay High Court order that had directed police assistance to tak...

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