...of hypothecated goods. The said case is pending trial.7. The guarantors addressed a legal notice dated nil to the Deputy General Manager, Vigilance Cell, PNB, New Delhi; the...judgment. It was submitted that the complaint was filed as a counterblast to the FIR already lodged by the Bank on 20-2-2003 for cheating and misappropriation of hypothecated goods against the....16. It is evident from the record that the Bank had lodged FIR with the police on 20-2-2003, for cheating and misappropriation of hypothecated goods against the borrower as...

...go on, however no final order be passed without the leave of the court. The Tribunal vide its order dated 4-3-1996, appointed a Receiver to prepare an inventory of hypothecated goods and a warrant of...the appellant for sale, etc. as per the agreement between the parties. The goods, stocks were hypothecated to the Bank and according to the Bank, all the defendants in the suit were liable to pay the...over the properties of Defendants 1 and 2 for the due repayment to it. A decree for realisation of hypothecated goods by and under the direction of the Court was also prayed for. We have already...

...hypothecated goods from Bharpur Singh, if so advised.2. The Punjab & Sind Bank, filed the suit for the recovery of Rs. 34,525.77 with future interest at the rate of 15 per cent, per annum...principal debtor. When the execution of the decree was sought by the decree-holder, objections were filed on behalf of the guarantors for the discharge of their liability in view of the hypothecated goods on...of the hypothecated goods whether it was in the knowledge of the plaintiff or not. It was contested on behalf of the decree-holder on the plea that the guarantors were not discharged to the extent of...

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...that though the bank has taken the insurance of the hypothecated goods, but as per the agreement it is the responsibility of the borrower to insure the hypothecated goods inspite of the facts that there...is a provision by the bank to take the insurance if the borrower fails to take it. Thus it was held that there cannot be a responsibility upon the lender bank to insure the hypothecated goods. Hence...

..., Counsel for the Applicant I.A. no. 408/19 Heard, the Counsel for the applicant bank submitted that goods/stocks were hypothecated with the applicant bank and now the defendant is trying...following hypothecated goods/stocks, details of the same are hereunder:- The stock and goods belong to M/s Shivam Trading Co.:- A. Lying with the Defendant no. 5...co. Stock-27000 Bags Paddy, 8250 Bags Urad In view of the above the defendants are restrained from transfer/alienate of the above mentioned hypothecated goods. The...

...commission of the fraud. In this view we think that a bona fide purchaser of hypothecated goods without notice of the encumbrance takes the goods free of it.The second appeal is dismissed with costs....Shyam Soonder v. Cheita(1) and Shrish Chandra Roy v. Mungri Bema(2) but that is not the question for consideration now. We have to determine whether a bona fide purchaser for value of hypothecated...goods without notice of the hypothecation is bound by it. There is no direct authority on the point, nor is hypothecation of movables recognized by any statute. We are therefore thrown back upon...

...report in final form and thereby black painting the entire police force of the State.5. The learned counsel for the petitioners submitted that in relation to hypothecated goods, no..., the charge on hypothecated goods does not crystallize until such time a demand is made for recovery of money advanced against the security of such hypothecated goods and the time to pay the money has...lapsed. The trader, who has hypothecated goods as a security in favour of a lender is free to deal with such hypothecated goods until such time, as mentioned above, the charge crystallizes and...

...Rs.1,50,000/- from the Ballia Etwash Gramin Bank, OP1 and its functionaries OP2 & OP3 against hypothecation. Insurance was obtained about the said hypothecated goods. On the night...:- 5. The Borrowers shall at their own expense keep the hypothecated goods in good condition and keep the same insured in the names of Bank, and the Borrowers against fire and also if required by the...and the receipts for the premia paid, therefore, if the Borrowers shall fail so to keep the hypothecated goods insured as aforesaid or to deliver the policy or policies or the receipts for premia to...

...goods shall not be disposed of without the prior permission of the Bank and without depositing the sale proceeds of the same. Since the petitioners disposed of the hypothecated goods without the...petitioners, no offence under Sections 408/409, Indian Penal Code, is made out because the ownership of the hypothecated goods remained with the petitioners in spite of the.... 29.1 lacs and disbursed the amount to the accused persons with a specific undertaking that the aforesaid hypothecated goods shall not be disposed of without the consent or permission of the Bank and...

...the premises through Court. At the time of handing over the possession to the landlord, the hypothecated goods, plant and machineries, stocks and raw materials of MOH Leathers Pvt. Ltd. were present in...the premises and the landlord was handed over possession only with these hypothecated goods. The Bank then sent letter dated 21.7.2001 to the landlord stating that the Bank is holding first charge on...of the Bank and if he does so, the Bank will initiate legal action against the landlord. So, the landlord has no other option except to keep the hypothecated goods in the premises and the landlord was...

...hypothecated stock of respondent No. 2 i.e raw material, semi finished stock lying in the factory.The petitioner claims that goods of respondent No. 2 were already hypothecated with...hypothecated its goods in favour of the petitioner prior in time, therefore, the subsequent hypothecating of goods of the borrower in favour of the respondent-Bank is subject to the rights of the...petitioner over the hypothecated goods. It has also come on record that respondent-Bank has initiated proceedings under...

...absence of evidence that goods hypothecated have been lost on account of plaintiff, defendant No. 2 is liable. This is the grievance of defendant No. 2 in this appeal.4. Mr. A.K Mohanty..., learned counsel for defendant No. 2 appellant, submitted that liability of defendant No. 2 has stood discharged on account of loss of the hypothecated goods due to negligence of plaintiff. He relies...that in case it is found that on account of negligence of plaintiff goods hypothecated were lost, Ss. 139 and 141 of the Contract Act may not be attracted submitted that...

...S.S. Sudhalkar, J.:- Respondents have opened an account with the petitioner-bank. Cash credit facility was given to them. The respondent have hypothecated goods with the...petitioner-bank On 26.9.83 Manager of the petitioner-bank inspected the factory premises of the respondents and the bank godown situated therein and found that goods hypothecated with the bank had...under Section 406 the Indian Penal Code was also not made out. It was observed by the learned Chief Judicial Magistrate that for misappropriation of hypothecated goods, the...

...the animals and other movables mentioned in the Schedule report are not in the hypothecated goods and so the Order passed by the Presiding Officer, DRT, ordering sale of the hypothecated goods is not...submitted petition only for sale of the hypothecated goods and as per the Agreement entered into between the appellant and the respondent-Bank the animals and the movables in the report are the...hypothecated goods and these goods are liable to be brought for sale in case of default in the payment of instalment. He strenuously argued that the buffaloes, cattle, bulls, lambs and other animals kept in...

...for the petitioner stated that4. as per hypothecation agreement it is the duty of the loanee that he should get the hypothecated goods insured as per Clause 10(i) of the hypothecation agreement, which...aforesaid. Learned counsel argued that from above clause it is clear that the bank will get the insurance6. if the borrower fails to insure the hypothecated goods. However, it is not the...primary duty of the bank to get the hypothecated goods insured. The District Forum has correctly appreciated the facts of the case and the law involved in the matter and has rightly dismissed the...

...of relationships like the relationship of trustee and beneficiary, bailor and bailee, master and servant, pledger and pledgee. When some goods are hypothecated by a person to another person, the...ownership of the goods still remains with the person who has hypothecated such goods. The property in respect of which criminal breach of trust can be committed must necessarily be the property of some..., AIR 1938 Sind 73. In that case the complaint was that the accused had hypothecated the goods in their shop as collateral security against an advance and had agreed to hold the...

.... 405 alongwith interest and costs etc. When the petitioners failed to submit stock statement to the Bank, the physical inspection was got conducted by the Bank, during which the hypothecated goods were...found missing from their physical possession and only meagre stocks were found lying there. Major portion of hypothecated goods were found misappropriated. Since the petitioners failed to submit any...explanation regarding hypothecated goods, the present complaint (Annexure P1) was filed.3. Vide impugned order dated December 22, 1997 (Annexure P2) the learned Judicial Magistrate...

.... 33,25,206.78 p; a declaration, if necessary, that the goods specified in the plaint are charged or hypothecated for payment of the plaintiff's claim and a decree for sale of the same with liberty to the...an ad interim order passed in this application on 3-12-1982 a receiver was appointed and was directed to make an inventory of the hypothecated goods. The inventory was made on 16-12-1982...Court thinks it fit to appoint Mr. Harashit Ghose, Advocate as Receiver over the hypothecated goods as prayed for in prayer (a) of the petition. The Receiver will take formal or symbolic possession of...