suit land purchased by the appellants.
Remaining half was purchased by collaterals of
the appellants.
4. Relevant facts for appropriate adjudication of this
appeal ... favour of
one Param Umakant Mishra and Sohardha
Jagdish Mishra (collaterals of the appellants) for
the remaining half portion.
Civil Appeal
assets were given as primary security along with all
fixed assets as collateral security. Corporate guarantee was given by
M/s. Akash Nirman Udyog ... hereinafter referred to as "OTS 2020") which provided
that the collateral security offered by Respondent No.2 for the credit
facilities
Satco Capital Markets Ltd vs Rahul H. Bajaj on 15 April, 2024
Author: Gs Patel
Revenue Officer; or
(ix) any order granting a loan or instrument of collateral security
granted under the Land Improvement Act, 1871 (XXVI ... Relief Act, 1877 (I of 1877) 2[***] or as evidence of
any collateral transaction not required to be effected by registered
instrument.]'
14. Before
said
to be an independent proceeding rather it is a collateral
proceeding when the main title suit is still pending. So there has
been ... reported in (2020) 11
SSC 598 on the point of meaning of collateral and independent
proceedings.
20. Mr. Singh further submitted that in Patna High
nature and the character of shares allotted, which is a collateral
purpose and that there was a division in status among the Defendants ... unregistered partition deed is not admissible in
evidence for the collateral purpose of proving division of status
and other collateral purposes, though not for proving
though Ext.-C is unregistered
but the same can be used for collateral purpose as to the fact of possession of the
defendants over ... though unregistered and not admissible
in evidence, can be looked into for collateral purposes. In the present case, the
collateral purpose to be seen
thereby those documents cannot be looked into for any
purpose, even for collateral purpose. But the Trial Court, without
considering that those documents are inadmissible ... collected, then the document can be
used for collateral purposes, even if it is
registered”.
8( iii) Korukonda Chalapathi Rao and another vs. Korikonda
Annapurna
concerned, an unregistered document can also
be admitted into evidence for a collateral fact or collateral
purpose. Let us now look at the meaning ... collateral
purpose" as was explained by the Hon'ble Supreme Court in a
judgment reported in M/s.K.B.Saha And Sons
impounded, as such, it could be
looked for collateral purpose to show how the defendant could maintain his
possession and relied upon the judgments ... upon the settlement deed. As such, it could be looked into for collateral
purpose.
15. The learned senior counsel for the respondent on the other
