Supreme Court Ruling on Strict Adherence to Statutory Legal Process Over Physical Recovery Coercion
Parties: ICICI Bank Ltd. v. Prakash Kaur & Ors.
A commercial bank employed muscle-men recovery agents to repossess a vehicle financed under a hire-purchase agreement. The recovery agents used force and intimidated the defaulting borrower, prompting criminal FIRs and constitutional writ petitions. The bank argued that default under the hypothecation deed gave them contractual repossession rights without seeking judicial process.
The Supreme Court ruled that banks cannot employ strong-arm tactics, coercion, or unregistered collection goons to recover dues. Financial institutions are bound by the rule of law and RBI Fair Practice Directives. Recovery must proceed strictly through statutory advocate demand notices, arbitration, Lok Adalats, DRT applications, or civil execution decrees. Actions violating statutory due process expose lenders and their management to heavy civil damages and criminal liability.