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Section 25 – The Hire-Purchase Act, 1972

The Hire-Purchase Act, 1972

 

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 thereof.

 

The Official Receiver or the liquidator, as the case may be, may, with the permission of the Insolvency Court or 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 the rights and be subject to all the obligations of the hirer under the agreement.

 

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.

 

Comments

If the hirer is adjudged insolvent during the continuance of the hire-purchase agreement then the Official Receiver or where the hirer is a company, then in the event of company being wound up, the liquidator, has the same rights and obligation as the hirer had in relation to the goods. The Official Receiver or the liquidator, with the permission of the court 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.

 

 

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The Hire-Purchase Act, 1972

 

 

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