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Showing contexts for: Particular lien in Rajmohan Narsingh Rao vs Bank Of Maharashtra And Ors on 13 January, 2026Matching Fragments
8 AIR 1961 AP 497
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Order dated 13th January 2026 Rajmohan Narsingh Rao vs. Bank of Mah.
27. Lastly, the impugned order also fails to appreciate that there is no legal charge on the Suit Property in favour of Respondent No. 1 - Bank inasmuch as, the said undertaking (basis which, the order of attachment came to be levied) neither amounts to a mortgage nor a charge and at best, would only amount to a ' negative lien' and in such event as more particularly held by the Supreme Court in K. Muthuswami Gaunder (supra), the Bank cannot claim any security interest in respect of the Suit Property and/or accordingly, attach the same by enforcing any rights thereupon, especially since, the Suit Property has been in possession of the Petitioner 5 since January 2001.