Minda Industries Ltd vs Nextfirst Engineering Techonologies ... on 30 January, 2025
-:: 1 ::- Date: 30.01.2025
IN
recovery of the loan amount and there is no general or
particular lien on the money of the plaintiff firm deposited in the
bank account ... subject to a general lien. It was held
that Section 171 creates a general lien as distinguish from
particular lien of banker. This general lien
Indian Contract Act provides for
bailee's particular lien. It is reproduced below:
Bailee's particular lien " where the bailee
Section 170 of the Indian Contract Act recognizes Bailee's
particular lien.- Where the bailee has, in accordance with the
CS SCJ No. 7006
Request Letter for the OD Limit
Ex. PW1/4 - Lien Particulars of KDR
Ex. PW1/5 - Form
does not reflect any lien,
which fact was admitted by DW1, who voluntarily deposed however that the
lien would be reflected in the system ... record it's guidelines regarding the
procedure of marking a particular account lien, but in any case it is highly
improbable that the defendant
Defendant
Bank as per the Loan Agreement, has a Right to Lien and Set-
Off in view of the default in payment by the Plaintiff ... statutory right to exercise lien is a valuable right and it cannot
be taken away, particularly when it is the statutory right of the
bank
short "the MPT Act") have a general lien for their dues over
the present or future consignments imported by the importers ... made it clear that the lien spoken of is a lien qua the particular goods that are
imported, and cannot extend to previous imports
such he surrendered his rights and lien whatsoever
# 52 #
against the offer dated 31.05.02.
So far as the argument of the management that
the workman ... rights and lien goes,
it depends upon the intention of the workman and
surrendering the rights or lien on a particular job must be
reflected
claimant company with full particulars and
thereafter to pass an appropriate order directing the concerned
bank to create lien, is a decisive order ... bank account of the claimant company with full
particulars, there is no formal order to create lien to secure the
amount in the counter claim
