whether a security bond, executed in favour of the Court hypothecating immovable property as security for the due fulfilment of a condition imposed ... accepted by the Court; and that accordingly a security bond hypothecating immovable property executed under Order 41, Rule 5, Civil Procedure Code does not require
their estate. The defendant and his father at the time hypothecated immoveable property as security for the due performance of the duty of the first ... this contention cannot possibly prevail.
2. The defendant and his father hypothecated immoveable property as security for the due discharge of the duty
balance of loan due from the respondents on
23.12.1992. The hypothecated immovable properties
could not be sold in spite of several steps taken ... adjusted towards the balance of loan due from the
respondents. The hypothecated immovable properties
could not be sold inspite of several steps taken
fixed assets of the company took
actual possession of the immovable properties hypothecated
to the creditor. The High Court, with the approval of the
assessee ... fixed assets of the company taken actual
physical possession of the immovable properties hypothecated
to them. Under Section 153 of the Indian Companies
goods, or a mortgage, charge or other encumbrance on immovable property, such property or, as the case may be, the interest of the defaulter therein ... respect of goods pledged or hypothecated, the immovable property, mortgaged, charged or encumbered and other property of such person."
7. Section
admitted that the loan was, inter alia, secured by mortgage of immovable
properties, hypothecation of movable assets, personal guarantee, post-dated
cheques towards payment ... IREDA
in such form as IREDA may require on all the immovable properties
of the Borrower including and pertaining to proposed 4.00 MW
Biomass based
term loan taken from SBI against mortgage of immovable
properties & hypothecation the claim of movable assets for installation of captive
power plant. The loan
under or by virtue of certain deeds of mortgage of immovable properties and hypothecation of movables executed in its favour by the company - Yallamma Cotton ... documents, some in the form of mortgages of immovable property and some in the form of hypothecation of movables, the transaction in substance
under or by virtue of certain deeds of mortgage of immovable properties and hypothecation of movables executed in its favour by the Company Yallamma Cotton ... repayment of the same by mortgaging its immovable properties, viz., lands, Mills, buildings, etc, and hypothecating all its machinery, vehicles, tools, implements, etc., and also
security bond to be enforced in somewhat similar circumstances against the hypothecated property without a separate suit for sale.
3. The court below refers ... Ramnad (1917) I.L.R. 41 Mad. 327 security bonds hypothecating immovable property as security for the due performance of a decree have been allowed
