view of proviso to section 49 , it can be
looked into for collateral purpose only. If this lease deed is
inadmissible in evidence for want ... lease can be looked into or admitted in
evidence. Further a collateral purpose is such which is not
required to be evidenced or affected
advance against bills in
course of collection (ABC). The said advance was collaterally
secured by way of equitable mortgage against the title of the
property ... packing credit and bill purchase limit of Rs.1.50 Crores. The
collateral security of 'Property' was offered and kept by the
Bank
sanctioned the Cash Credit of Rs.
30.00 Lakhs, without guarantee and collateral
security. Later on, on 08.08.2015, the said loan
was enhanced ... existence of
the unit as well as the assets offered as prime /
collateral security and their acceptability and to
understand the trade practices / manufacturing
process
which was inadmissible in evidence, could have been used
for any collateral purpose. In a suit for partition, an
unregistered document can be relied upon ... collateral
purpose i.e. severancy of title, nature of possession of
various shares but not for the primary purpose i.e. division
of joint properties
Specific Relief Act, 1877 (3 of 1877) or as evidence of any
collateral transaction not required to be effected by
registered instrument."
31. Thus ... evidence for the terms
mentioned therein. It can be used only for collateral purpose. I
get strength from the judgment passed
Specific Relief Act, 1877 (3 of
1877) or as evidence of any
collateral transaction not required
to be effected by registered
instrument ... Section 49 Registration Act, 1908 permits use of unregistered
document/s for collateral purpose. Thus, according to learned counsel
for the plaintiff unregistered lease deed
first floor. It is pleaded that
defendant had also paid collateral security of Rs.50,000/- to the
plaintiff which was to be refunded ... defendant at monthly rent of Rs.500/- for which
refundable collateral security of Rs.1,00,000/- was paid to the
plaintiff. The defendant
Specific Relief Act, 1877 (3 of 1877) or as evidence of any
collateral transaction not required to be effected by
registered instrument."
22. Thus ... evidence for
the terms mentioned therein. It can be used only for
collateral purpose. I get strength from the judgment passed
abovesaid documents
were being executed and would be used only as collateral
security. It is averred that in para no. 3 of the loan agreement ... dated 26.12.2008 that said documents were meant only as
collateral security against the said loan. It is averred that
although the plaintiff has remained
already lying with the complainant as collateral
security, which was to be adjusted by the complainant in case of default, hence the
complainant has demanded ... disbursed as Rs.
10,50,000/- was retained as collateral security.
39.Further, CW-2, Deputy Manager, Operation, has also admitted in cross
examination that
