respondent No.2-firm stood as
guarantors and by a Composite Hypothecation Agreement
dated 04.07.2008, the newly purchased machinery as well as
the raw materials ... partnership firm and its new
partners to execute a fresh Composite Hypothecation
Agreement and Guarantee Agreements. Accordingly, the fresh
Composite Hypothecation Agreement including the Guarantee
plaintiff sanctioned loan of
Rs.3,00,000/-. The defendant executed Composite
Hypothecation Agreement in favour of the plaintiff - Bank
for the said amount ... committed grave error only on the
ground that Ex.P1 - Composite Hypothecation Deed of
Agreement was purchased in the name of another person,
that
what is known as Cash Credit Hypothecation Limit Loan Transaction for a sum of Rs. 1,00,000/- bearing interest at 1% above the State ... hypothecation agreement of even date as per Ex.P.4 was executed by the borrower. The agreement of hypothecation and guarantee which is a composite
entered into hypothecation agreement with the Bank dated 21-5-1997. The hypothecation agreement was also under the category known as composite term loan agreements
view of the distinguishable facts. In the said case, obviously, the hypothecated goods were in the possession of the Bank, the lock ... godown was with the Bank. During the continuous custody of the hypothecated goods with the Bank, they were destroyed by negligent conduct of the Bank
power of sale is clearly conferred or there is a clear hypothecation of the property the remedy of judicial sale is available. 'Ramayya ... Where there is only a personal covenant in a composite mortgage without any provision that in default of payment the hypotheca may be sold
take in any
manner whatsoever, whether it be by way of
hypothecation, pledge and/or movable goods or in any
other manner. Further it also ... terms of the
R.F.A.No.124/2007
14
Hypothecation Agreement dated 09-02-1999 or any
other Agreement or letter inter alia including
T. Raju Setty vs Bank Of Baroda on 20 December, 1990
Equivalent citations: 1991(4
Jayakunvar Manilal Shah vs Syndicate Bank on 5 December, 1991
Equivalent citations: ILR1992KAR1053, 1992(2
K Thirumalesh vs State Of Karnataka on 16 August, 2019
Equivalent citations: AIRONLINE 2019 KAR
