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Report No. 168

25. Insolvency of hirer, etc.-

(1) Where, during the continuance of the hire-purchase agreement, the hirer is adjudged insolvent under any law with respect to insolvency for the time being in force, the official Receiver or where the hirer is a company, then in the event of the company being wound up, the liquidator, shall have, in respect of the goods which are in the possession of the hirer under the agreement, the same rights and obligations as the hirer had in relation thereto.

(1A) The official Receiver or liquidator, as the case may be, shall, subject to the orders of the Insolvency Court or the Court, if any, inform the owner, as soon as he takes possession of the hired goods, of the fact of his taking possession of the hired goods and shall also intimate the owner whether he proposes to continue to make the payments in accordance with the hire-purchase agreement. On receiving such intimation, it shall be open to the owner to approach the Insolvency Court or the Court, as the case may be, for appropriate directions.

(2) The official Receiver or the liquidator, as the case may be, may, with the permission of the Insolvency Court or the Court in which the winding up proceedings are pending, assign the rights of the hirer under the agreement, to any other person, and the assignee shall have all the rights and be subject to all the obligations of the hirer under the agreement:

Provided that before any such permission is granted, the Insolvency Court or, as the case may be, the court in which the winding up proceedings are pending shall grant the owner an opportunity of being heard in the matter.

Explanation.-In this section, "Official Receiver" means an official Receiver appointed under the Provincial Insolvency Act, 1920 (5 of 1920), and includes any person holding a similar office under any other law with respect to insolvency for the time being in force.



The Hire-Purchase Act, 1972 Back




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