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Recovery to be effected in due process of law and not by use of force – SC
Case Law Details
- Case Name
- Citi corp. Maruti Finance Ltd. Vs. S. Vijayalaxmi (Supreme Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
Citi corp. Maruti Finance Ltd. Vs. S. Vijayalaxmi (Supreme Court)- Even in case of mortgaged goods subject to Hire-Purchase Agreements, the recovery process has to be in accordance with law and the recovery process referred to in the Agreements also contemplates such recovery to be effected in due process of law and not by use of force. Till such time as the ownership is not transferred to the purchaser, the hirer normally continues to be the owner of the goods, but that does not entitle him on the strength of the agreement to take back possession of the vehicle by use of force. The guidelin...
