other respect whether
such liabilities by actual or contingent primary
or collateral and several or joint by the
petitioner. Learned advocate Mr. Meena also
relied ... only for the specific advance made
thereon but also as a collateral security for any
other moneys now due or which may at any time
National Collateral Management ... vs State Of Gujarat on 8 September, 2021
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/SCR.A/3553/2021 ORDER ... SPECIAL CRIMINAL APPLICATION NO. 3553 of 2021
================================================================
NATIONAL COLLATERAL MANAGEMENT SERVICES LTD. THRO
ANIRBAN CHANDA
Versus
STATE OF GUJARAT
================================================================
Appearance:
MR TARAK DAMANI
that falls for consideration is
whether these can be used for any collateral purpose.
The larger Bench of Andhra Pradesh High Court in
Chinnappa Reddy ... suit for partition, an unregistered
document can be relied upon for collateral purpose i.e
severancy of title, nature of possession of various shares
that falls for consideration is
whether these can be used for any collateral purpose.
The larger Bench of Andhra Pradesh High Court in
Chinnappa Reddy ... suit for partition, an unregistered
document can be relied upon for collateral purpose i.e
severancy of title, nature of possession of various shares
been asserted by the petitioner - Company that it has provided
primary and collateral security in the following form :
Primary Security - Hypothecation of Current Assets ... petition.
4.1. Mr. Soparkar, learned Senior Advocate has submitted that
primary and collateral securities which have been provided to the
Bank which are clearly narrated
been asserted by the petitioner - Company that it has provided
primary and collateral security in the following form :
Primary Security - Hypothecation of Current Assets ... petition.
4.1. Mr. Soparkar, learned Senior Advocate has submitted that
primary and collateral securities which have been provided to the
Bank which are clearly narrated
Mark 11/1 i.e. mortgage deed was
produced only for collateral purpose to prove the suit preferred
by the plaintiff. It is further submitted ... document. It is further submitted that said
document can be used for collateral purpose only and for the
purpose of proving the admission made
dated 29.05.1997giving power to GSFC to deal/transfer shares given
as collateral security for said advances which are not produced with the
petition ... material to the nature of invocation of the collateral security of
shares by GSFC. The copies of the same are produced herewith and marked
makes the parties liable to
perform the obligations only if the event, collateral to
the contract, happens.
34. A contract which is contingent or dependent
Specific Relief Act, 1877 (3 of 1877) or as
evidence of any collateral transaction not required
to be effected by registered instrument.] "
emphasis supplied ... Specific Relief Act, 1877 or
as evidence of any collateral transaction not required to be
effected by registered instrument.
7.3 In this regard, it would
