Section 15: Powers of Court to deal with payments

15. Powers of Court to deal with payments (1) Where a hire purchase or credit sale agreement validly provides for the payment by the hirer or buyer on or after the determination of the agreement or the bailment of such sum as, when added to the sums paid and the sums due in respect of the hire purchase price before the determination, is equal to a fixed amount, and a claim is made in respect of any such sum in an action to which section 12 applies, then— (a) where the Court makes an order for the specific delivery of a part of the goods to the dealer and the transfer to the hirer of the dealer’s title to the remainder of the goods, the claim shall be disallowed; [Issue 1] H5 – 12 Revised Laws of Mauritius (b) where the Court postpones the operation of an order for the specific delivery of the goods to the dealer, it shall not entertain the claim unless and until the postponement is revoked, and shall then deal with the claim as if the agreement had just been determined. (2) Where the hirer or a guarantor has paid or has been ordered to pay any such sum, and the dealer subsequently seeks to recover the goods in an action to which section 12 applies, the Court may treat the sum as a sum paid or payable, as the case may be, in respect of the hire purchase price. [S. 15 amended by Act 1 of 1995.]