such recovery, it can withhold the documents, as a
matter of particular lien."
59. In Dr. Aditya Kumar v. State of Uttarakhand and others3
SARFAESI
Act, 2002 to contend that certain categories of security or lien,
particularly in respect of money or deposits governed by the Indian
Contract ... respect of money or deposits under lien are preserved and may be
exercised independently of insolvency proceedings, particularly where
such rights emanate from contractual stipulation
person can be said to have acquired a lien as regards a particular post
only when his appointment has been confirmed and when he holds ... then he acquires a lien against
the latter post. Then and then alone the lien against the previous post
disappears. Lien connotes the right
claim on the
Suit Property in the form of the 'negative lien'.
(xviii) Pursuant to this Recovery Certificate, Respondent No. 1
- Bank initiated ... best,
would only amount to a ' negative lien' and in such event as more particularly
held by the Supreme Court in K. Muthuswami
only indicating that he was no longer part of that
particular establishment. His lien in service was not shown to be
extinguished at that stage
Academic Allowance to the Petitioners, who are State
government doctors on lien/deputation at RIMS, has been denied.
Further prayer has been made ... services
have been treated to be on lien/deputation in terms of the RIMS
Rules, 2002, particularly Rule 19 thereof and the Regulation
framed
Academic Allowance to the Petitioners, who are State
government doctors on lien/deputation at RIMS, has been denied.
Further prayer has been made ... services
have been treated to be on lien/deputation in terms of the RIMS
Rules, 2002, particularly Rule 19 thereof and the Regulation
framed
SCIPL. SCIPL shall have first and paramount lien and charge on
Revenues of each of the particular 6 (six) Films until recovery of the
entire ... amounts due under Point 8 above, SCIPL have first,
foremost and paramount lien and charge on the Revenues of such other
balance Films and future
then he acquires a lien against the
latter post. Then and then alone the lien against the
previous post disappears. Lien connotes the right ... with law. A person can be said to have
acquired lien as regards a particular post only when his
appointment has been confirmed, and when
refund, it is precluded from adjusting
such funds, particularly those held in a "No Lien" Account.
Hence, learned counsel for the Petitioner prays ... them. While the Petitioners argue that 'No Lien'
nature of this particular deposit impedes the Bank from
appropriation, the Bank contends that