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16. The customary authority adverted to in sub- clause (d) must be an implied authority in accordance with the usages and customs of the business of selling gods (Please see P. Ramanatha Aiyar's Advanced Law Lexicon, 3rd Edition - page 26 at 29 of the compilation). If such implied authority exists, it will not make any difference if the same is also expressly granted by a written document.

17. The petitioner NBFC does not have any implied authority to have the vehicle purchased by the borrower with the loan funds sold. The petitioner NBFC has a limited authority under the power of attorney specifically authorizing it to have the vehicle sold in case of default in repayment of the loan. The implied authority to sell as an agent referred to in Sub-clause (d) is altogether distinct and different from a pawnee's right to sell the thing pledged on giving the pawnor reasonable notice of sale under Section 176 of the Indian Contract Act, 1872.