.../Sec. 457 of the Code, passed an order on 03/03/2012 granting permission to auction the pledged goods keeping in view the paramount consideration that it was a perishable goods and it will be in the...filed seeking permission of the Court for auctioning the pledged goods to cover up the error committed and neither enquiry was initiated nor the procedure as contemplated under the law was followed.9. The ld. Single J...alleged, on credit through the commission agent i.e M/s. Bhandari Brothers and such goods were pledged with the respondent-IndusInd Bank. However, some dispute arose between the commission agent M/s...

...by the CBI in the course of investigation into C.R No. 3/2011 for offences under Sections 406, 420, 120B IPC. The respondent-IndusInd Bank taking into consideration that the unsold pledged goods at the auction on 23.03.2011 were of ...ACJM, Jaipur under Section 457 Cr. P.C seeking permission of the court to auction the pledged goods seized by the CBI. A reply was filed to the said application under Section 457 Cr. P.C...counsel sent a reply stating that the order dated 03.03.2012, under Section 457 Cr. P.C was passed in view of the perishable nature of the pledged goods. Open auction was to...

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...pledged by the petitioner were perishable in nature. Admittedly, the petitioner was put on notice as regards his default in repayment of loan. The petitioner did not take back the goods nor make any...petitioner was prompted by the Cooperative society as regards his default in repayment of loan, the petitioner complains that since the society had not appropriately store the pledged goods, the same had...attempt to take the same back by repaying the loan. The legal provisions empower the co- operative society to retain the goods since the same had been pledged. On this aspect, I do not find that any...

...that the pledged goods are stored merely in the warehouse in the specified conditions of cold storage to preserve the goods properly instead of in a shop or in a trading place of the Complainant and the complainant was well...negligence of the complainant and 39 others in not taking delivery of the goods within the shelf life of the pledged goods and allowed the goods to spoil even though they were well aware that the pledged ...agricultural produce goods which are perishable in nature. The Opposite Party No.2 is a Private Cold Storage Unit for the purpose of leasing a portion of the cold storage to agricultural famers such as...

...against the principal borrower Mr. Anjani Kumar Bucharia has specifically directed the Bank of India to sell pledged goods which were perishable in nature and pledged/ hypothecated with the Bank...3passed on 4.3.1989 under Order 37 Rule 2(3) CPC wherein it was directed to recover the decreetal sum by auctioning the pledged goods. Surety/ Guarantor- Mr. Bajranglal.... Despite directions of the learned court below, the Bank of India failed to sell the pledged / hypothecated goods. In view of above, Mr. Bajranglal Bajaj who was surety /guarantor is discharged from his...

...directed the petitioner-Bank to auction the goods pledged with it in view of the fact that they were perishable commodities. Consequently, the goods in issue were auctioned for a sum of Rs. 3,26,98,023.... 952 dated 25.05.2012 stating that the goods pledged with the petitioner-Bank were not a subject matter of FIR No. 43/2011, registered at Police Station Bapawarkala, Kota. A copy of the letter dated...25.05.2012 has been annexed to the application under consideration.In these circumstances, it has been prayed that as the goods pledged with the petitioner-Bank were not found to be...

...respondent-bank to dispose of/sell the pledged goods to avoid destruction and due to inaction and negligence of respondent-bank, stock of rice being a perishable commodity, was destroyed. It was further...assured that it would release the pledged stock for sale as and when the appellant firm pay the loan amount against the pledged goods. It is further alleged that appellant-firm deposited Rs. 2,80,000...stated that respondent-bank could not recover any amount from the appellant-firm because the goods pledged with the bank were worth Rs. 10,34,000/-. The said amount was much more than the loan amount...

...the reason as to why huge stock was kept lying in godown from A.Y. 2005-06 to A.Y. 2009-10 and which was not inspected by the owner of the stock. The plea of the Appellant that goods were pledged with...bank and therefore, seeds cannot be inspected was not found acceptable as goods were perishable nature and could be inspected after obtaining keys from bank authorities. In view of this matter, the CIT...explained that the goods were purchase before 7 years, which Kamal Oil Industries v. JCIT-Range-Patan, Mehsana /I.T.A.No. 2158/AHD/2014/AY10-11 were got wet during monsoon season and got...

...that were pledged in this particular case were perishable in nature, and accordingly, required to be sold by giving a very short period of notice. In fact, in the present case, the pledge goods are...in payment of the debt, or performance, at the stipulated time of the promise, in respect of which the goods were pledged, the pawnee may bring a suit against the pawnor upon the debt or promise, and...retain the goods pledged as a collateral security; or he may sell the thing pledged, on giving the pawnor reasonable notice of the sale. If the proceeds of such sale are...

...under law and the contract between the parties, the goods stood pledged as security for the payment of the amount due by the defendant”. He added:“Further the goods are perishable by....3. As the goods were not removed, although the patti relating to them was duly despatched by post by the plaintiff to the defendant with a covering letter demanding the money due to him, the.... The plaintiff claimed that the right of sale which he exercised was “under the general law relating to commission agents as well as because he had a lien over the goods of Ms. principal and because...

...verifying the quantities of the goods pledged by the pawnor with the pawnee may not arise in cases of those commodities which are not subject to deterioration or which are not perishable in character...which the plaintiff stated it would dispose of the goods pledged with it either by public auction or by private contract. On august 19 1962 the plaintiff published a public notice of sale of the...pledged goods in loksatta a news paper of baroda. By the public notice the plaintiff advertised the goods for sale by public auction on august 23 1962 on that date the defendants replied to the plaintiff...

...- deliver the said goods pledged with him. In the Trial Court the appellant besides examining himself also led the evidence of other witnesses. The respondents in their turn...the appellant was not entitled to any relief in view of his ,stand that the said goods were never pledged with him and were 235 therefore... surety from the second respondent itself states that the goods were pledged with the appellant, that the appellant was not allowing the first respondent to remove...

...most favorable. But the same considerations cannot hold good where the goods pledged are moveable chattels and not "stocks". The value of stocks is subject to quick fluctuation which is not ordinarily the case with goods of...pledged goods was stated to be Rs. 60,000/-. On 17-6-1947, defendant No. 7 deposited, with the plaintiff Bank, title deeds of the land, of which description is given in para No. 5 of the plaint, as an...shares. In the agreement Exhibit P. 3 of 18-1-1946, it was further agreed by the defendants with the plaintiff Bank that the latter would have power to sell the pledged goods without giving any notice...

...goods. The Bank held the goods as security for the advances made and the constituents either provided the Bank with godown or the Bank kept the pledged goods in godowns of its own and charged rents from...“pawnor” and the bailee is called the “pawnee”. Section 173 of that Act provides that the pawnee may retain the goods pledged not only for the payment of the debt or performance of the promise but...of the promise, in respect of which the goods were pledged, the pawnee may bring a suit against the pawnor upon the debt or promise, and retain the goods pledged as a collateral security; or he may...

...permitted to recover the debt as well as to retain the pledged goods. The plaintiff bank after recovery of the amount of debt at this point of time is not in a position to deliver the food grains which is a perishable commo...or promise, and retain the goods pledged as a collateral security or to sell the goods pledged by giving the pawnor reasonable notice of sale. In support of aforesaid submissions, reference has been.... — If the pawnor makes default in payment of the debt, or performance; at the stipulated time of the promise, in respect of which the goods were pledged, the pawnee may bring a suit against the pawnor...

...view of the judgment of the Hon'ble Apex Court, we are of the view that the plaintiff cannot obtain a decree for recovery of debt because the bank is not able to redeliver the pledged goods to debtors. The Court below found that the...(hypothecation) were sanctioned by the appellant but on 16-6-90 the Bank converted the hypothecation of goods into pledged of goods; that the Bank had taken over the unit of the defendants thereby deprived...it did not credit the sale proceeds in the loan account; that the Bank was not in a position to redeliver the pledged goods to defendants and that in these circumstances plaintiff Bank has no cause of...

...of the Hon'ble 'Apex Court, we are of the view that the plaintiff cannot obtain a decree for recovery of debt because the bank is not able to redeliver the pledged goods to debtors. The Court below found that the plaintiff Bank sold...sanctioned by the appellant but on 16-6-90 the Bank converted the hypothecation of goods into pledged of goods; that the Bank had taken over the unit of the defendants thereby deprived them to do their...the sale proceeds in the loan account; that the Bank was not in a position to redeliver the pledged goods to defendants and that in these circumstances plaintiff Bank has no cause of action to...

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.... 2,05,000/-. The report of the Receiver clearly goes to show that the pledged goods were under lock and key of the Bank. It was alleged that the Bank was responsible for the lower value which the stock...fetched during the auction. Had the pledged stock of the appellants been sold or if the appellants had been allowed either to remove the goods or to continue the business, the goods would not have...the Bank in not selling or protecting the pledged goods. Had the goods been sold in the open market when the accounts of the appellants became irregular, it would have fetched a minimum value of Rs...