exceptional transaction.
9. By mercantile custom the banker has a general lien over all forms of commercial paper deposited by or on behalf ... general lien that the bank claims. It could claim a particular lien for the bank guarantee. But it has no general lien. Now, that
return
the title deeds of the property in suit claiming
general lien on the plea that defendant No.1 was
liable to pay the dues ... possession as a security for a general balance of
account to them. This general lien can be excluded by
special agreement whether expressed or implied
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
bank cancelling the specific lien and
consent thereafter existing of the respondents/defendants of converting
the specific lien FDRs into general deposits of the
respondents ... FDRs were never available as general deposits for
the appellant/plaintiff bank to claim general lien on the same. Once
therefore no general lien could
specific sum and also for his general balance.
The bankers later claimed a general lien over the other property.
This claim was rejected ... would be regarded as "general balance of account" in respect of which it
has a general lien over the goods bailed
basis that the defendant no. 3 had a right of „lien
and detention‟ over the goods.
25. It is the contention of the defendant ... defendant no. 3 on
13.06.2023 on account of GRI "General Rate of Interest". It is pointed out
that the consignment of goods
Agreement
has agreed that the respondent-bank shall have right of general lien or
similar right to which the bank may be entitled ... companies, the respondent-
bank is entitled to exercise its right of general lien under Section 171 of
the Contract Act, in respect of the amount
borrower for the
outstanding amount, allowing the bank to exercise a general lien on
the security provided
9. Further, the respondents relied on the judgment ... operative Bank Ltd.3 ,
where it was held that the general lien of bankers can be enforced on
2
2023 SCC OnLine
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
favoring respondent No. 2 was under its general lien for liabilities of respondent No. 2 towards the bank and there is no credit balance available ... amount of the F.D.R in exercise of its general lien over the F.D.R. It was also pleaded that the bank
