Finance1 min read

Loan default? Finance cos can't send goons, HC says

By · Published by Everything Blog

In short

The ruling addressed a petition from borrower Sadab Ahmad, whose commercial vehicle was seized at gunpoint on a highway by agents of HDB Financial Services Limited. Although the lender cited bounced cheques and contractual repossession clauses, the court held that forceful asset confiscation is unlawful regardless of the underlying default. Justices J J Munir and Indrajeet Shukla ordered the firm to return the seized vehicle immediately without preconditions. Furthermore, the court directed the company to restructure the loan without penal interest and imposed financial costs on the lender.

Key points

  • Finance companies cannot use coercive force or deploy private repossession agents to reco…: Finance companies cannot use coercive force or deploy private repossession agents to recover vehicles from defaulting borrowers.
  • Contractual repossession clauses do not grant private financial firms the legal authority…: Contractual repossession clauses do not grant private financial firms the legal authority to exercise coercive state powers.
  • Lenders must resolve default disputes through competent legal forums while providing rest…: Lenders must resolve default disputes through competent legal forums while providing restructured loan accounts that exclude penal interest.

Sources checked by our analysis pipeline: 1

Prayagraj: The Allahabad High Court has observed that a finance firm cannot use goons to seize vehicles over loan default and arm a private party with the coercive authority of the state in the process.

The court said a finance company's contractual right to repossess a financed vehicle must be enforced through a forum known to law, such as a civil court or an arbitrator and not by recovery agents who waylay the borrower and seize the vehicle by force.

The court said that reading a repossession clause literally to allow this would arm a private party with the coercive authority of the state.

The court noted that the vehicle of a borrower who had paid 31 of 45 instalments was seized at gunpoint on a highway and the allegation was never specifically denied.

While allowing the writ petition filed by a borrower, Sadab Ahmad, a division bench comprising Justice J J Munir and Justice Indrajeet Shukla directed the vehicle to be delivered forthwith without any precondition, imposed costs of Rs 10,000 and directed the finance company to restructure the…

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