support of
his contention that Bank has a general lien over all forms of security deposited
Page 4 of 17
by or on behalf ... since the first respondent Bank has repaid all their loans, the
general lien under Section 171 of the Contract Act cannot be applied
Account No. 01420020338000 and the same has
been marked as 'General Lien' by the IDBI Bank. The
contention of the petitioner is that ... said Bank Account has been
marked as General Lien by the respondent Bank on account
of the fact that the petitioner Company has given
said
Section. The Section reads as under:
"171. General lien of bankers, factors,
wharfingers, attorneys and policy-
brokers.
Bankers, factors, wharfingers, attorneys ... storage of goods till the same are removed. Thus a general
lien of wharfingers in respect of the past dues is available
as contemplated under
from the petitioner ODOS
account by exercising the Banker's General Lien,
towards the financial loss suffered by the bank.
Thereafter, they have also ... respondent bank, wherein it is stated that by virtue of
the General lien on the accounts of the petitioner, the
employer's contribution
Works.
5. The stand of the Bank that they are having general lien on
the surplus amount and, therefore, they have exercised the
aforesaid power ... reads as under :-
Section 171 of the Indian Contract Act:
171. General lien of bankers, factors,
wharfingers, attorneys and policy-brokers.--
Bankers, factors, wharfingers, attorneys
different context such as
'contractual lien', 'equitable lien', 'specific lien', 'general lien', 'partners
lien ... failed to exercise
lien, thereby not entitled to claim lien is without any merit.
When the petitioner was working as General Manager (Project
Engineering), which
Firm. The respondent Bank apart from relying upon their right to general
lien under Section 171 of the Indian Contract Act, 1872, have also relied ... auction purchaser, can be a subject matter of a general lien
under Section 171 of the Indian Contract Act, 1872 only on the
ground that
Firm. The respondent Bank apart from relying upon their right to general
lien under Section 171 of the Indian Contract Act, 1872, have also relied ... auction purchaser, can be a subject matter of a general lien
under Section 171 of the Indian Contract Act, 1872 only on the
ground that
Firm. The respondent Bank apart from relying upon their right to general
lien under Section 171 of the Indian Contract Act, 1872, have also relied ... auction purchaser, can be a subject matter of a general lien
under Section 171 of the Indian Contract Act, 1872 only on the
ground that
further proves that
under what provisions of law in regard to
general lien of banking are override effect
on the provisions of Limitation ... error in coming to the conclusion that the
Banker's General Lien cannot be made
applicable in respect of a time barred debt
