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The Coal India Limited vs Central Bank Of India on 6 October, 2008 cites

Bharat Coking Coal Limited vs Madanlal Agrawal on 20 November, 1996

That the plant and machinery which were hypothecated by the private respondents to respondent no.1 formed part of ::: Downloaded on - 09/06/2013 13:56:37 ::: Second Appeal no.30 of 1994. 20 the mines and, therefore, subject to nationalisation under the Coal mines (Nationalisation) Act, cannot be in dispute not only having regard to the decision of the Commissioner of Payments, but also the definition of the word in the Act and the decisions of this court more particularly the decision in Bharat Cooking Coal Ltd. .vs. Madanlal Agrawal reported in 1997(1) SCC 177 construing the definition. As such on the nationalisation of the two coal mines, the hypothecated assets vested in the appellants free from encumbrances in terms of section 6 of the Coal mines (Nationalisation) Act. To the extent that the respondent no.1 has any claim against the private respondents in respect of the hypothecated goods, the respondent no.1 must seek for recovery of the same by pursuing its remedy under Section 20 of the Act before the Commissioner of Payments or by such other method which may in law be available to it. No decree could have been passed against the appellants for nor are they obliged to meet the liabilities of the private respondents."
Supreme Court of India Cites 33 - Cited by 12 - Full Document
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