would be
not giving effect to the word „general‟ in the expression „general lien‟.
Supreme Court in Vijay Kumar has held:-
"The above passages ... Assistant General Manager,
State Bank of India holding the Bank in that case to be having a general
lien.
11. A Single Judge
respondent No.2 Sh. Rajat Gulati
also; and, (b) claiming a general lien over the subject property for
realisation of the dues crystallised ... petitioner Bank that the respondent No.1
BOB has no general lien over the property aforesaid.
5. I have at the outset enquired from
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
stated that the 1st respondent-Bank had exercised its rights of general lien provided under Section 171 of the Contract Act and stated that ... return the documents stating that they have exercised their rights of general lien provided under Section 171 of the Contract Act. When the petitioner
Counsel would submit that when a debt is paid on the general lien, the Creditor has every right to adjust the remaining amount in other ... apart from any specific security, the banker can look to his general lien as a protection against loss on loan or overdraft or other credit
also unable to agree with the contention that the Bank has a lien on
the pre-deposit made under Section 18 of the SARFAESI ... Section 171 of The Indian
Contract Act, 1872 on general lien, is in a different context:
“171. General lien of bankers, factors, wharfingers, attorneys
Court that the petitioner Mr.Kalanithi
Maran has issued the 'General Lien Letter' dated 24 th
February, 2015 to the Chief Manager, City
Court that the petitioner Mr.Kalanithi
Maran has issued the 'General Lien Letter' dated 24 th
February, 2015 to the Chief Manager, City
also unable to agree with the contention that
the Bank has a lien on the pre-deposit made under Section 18
of the SARFAESI ... Section 171 of The Indian Contract Act,
1872 on general lien, is in a diferent context:
“171. General lien of bankers, factors,
wharfingers, attorneys
Contract Act, 1872. Section 171 of
the Contract Act, 1872 on general lien, is in a different
context.''
(19)Following the judgment ... 18036/2017
amount so deposited. The submission that the bank
had general lien over such deposit in terms of Section
171 of the Contract
