given possession of the goods
pledged and had retained the same, the pawnor has the right to
redeem the pledged goods on payment ... bailor. In other words, the pledge
extends to accretions and additions, and therefore, when the
pawnee returns the pledged goods, the accretions and additions
must
fixed and floating assets, building, pledged goods, hypothecated plant, machinery., equitable goods, raw-material, semi-finished and finished goods lying in the factory premises ... debt by the pledged, the pledged denies the pledge or is otherwise not in a position to return the pledged goods he has to give
return of their goods said to be worth about Rs. 16,000 pledged with the bank. The petitioners claimed the pledged goods ... business on account of the failure of the bank to return the pledged goods. The petitioners submitted in writing the dispute to the Registrar
makes
payment and only then does the Plaintiff have to return the
pledged goods. In the said decision , it is clearly held that the
Plaintiff ... such time the
Defendant makes payment, and then only need return the
pledged goods. The learned Single Judge has clearly held in
the said Judgment
payment order on the condition that the plaintiff-bank would return the pledged goods to them but the plaintiff-bank failed to do so, hence ... been found above that the plaintiff-bank had tailed to return the pledged goods to the defendants. Therefore, the only consideration for issue
goods pledged are available, but not
in the condition in which they were at the time of pledge.
Pledge is a bailment of goods ... distinction between hypothecation of goods and pledge of
goods is well known. In case of pledged goods, the goods are
stored in the godown under
possession of the goods pledged and had
retained the same, the pawner has the right to redeem the
goods so pledged by payment ... pledgee, the pledgee denies the
pledge or is otherwise not in a position to return the
pledged goods he has to give credit
order to
verify the quantity or quality of the goods
pledged or Statements and Returns furnished by
the Borrowers, the Bank shall be at liberty ... quantity and
quality of goods pledged and also for the correctness of the
statements and returns furnished to the Bank from time to
time
Maharashtra State Co-Op.Bank Ltd vs Assistant P.F.Commr.& Anr on 8
Infrastructure Leasing ... vs B.P.L. Limited on 9 January, 2015
Author: Dipak Misra
Bench
