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february 2006

Supreme Court of India · 2006-02-10

M.D., ORIX AUTO FINANCE (INDIA) LTD. vs JAGMANDER SINGH

Citation / case number
SC 2004/20200
Court
Supreme Court of India
Petitioner
M.D., ORIX AUTO FINANCE (INDIA) LTD.
Respondent
JAGMANDER SINGH
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the dismissal of a Civil Revision under Section 115 of the Code of Civil Procedure, 1908, concerning a Hire Purchase Agreement. The Court emphasized that the financier's right to terminate the agreement and forfeit payments was valid upon the hirer's default in payment, as stipulated in Clause 10 of the agreement. The ruling confirmed that the financier could reclaim possession of the vehicle without notice due to the hirer's failure to comply with payment terms.

M.D., ORIX AUTO FINANCE (INDIA) LTD. vs JAGMANDER SINGH · Niyam