13 Jun 2026 09:38 AM

Repossession -- Financed Vehicle Through Recovery Agents -- Repossession without due process violates Article 300A of the Constitution

Constitution of India, Art.300A -- Repossession -- Financed Vehicle Through Recovery Agents -- Existence of a repossession clause in a loan agreement does not authorise a financier or its agents to take the law into their own hands -- Repossession of a financed vehicle through recovery agents, without notice and opportunity to the borrower, amounts to deprivation of property without authority of law and violates Art.300A -- Disputes regarding outstanding dues require adjudication by competent forums and cannot justify unilateral repossession -- Deprivation of property without authority of law is an exception to the rule against writ interference in contractual disputes, and attracts writ jurisdiction under Art.226.

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