said right can be exercised without intervention of the Court. If a right requires intervention of Court for its enjoyment, it is no right ... hypothecator to the hypothecatee. It only creates a notional and an equitable charge in favour of the hypothecatee and the right of the hypothecatee
rights of the creditor are held to be those of a
hypothecatee, rights of the parties under the agreement would be different. A hypothecatee, cannot ... hypothecatee
to take possession of the goods and sell the same, in the event of default in
payment, as per the said terms the hypothecatee
find valid reasons for making a distinction in the right of a pawnee and a hypothecatee. Permitting a hypothecutee to physically repossess the hypothecated goods ... rights of the creditor are held to be those of a hypothecatee, rights of the parties under the agreement would be different. A hypothecatee
under the Companies Act does not preclude him from enforcing his vested right as a secured or a preferential creditor.
10. Mr. Sankara lyer, appearing ... support of his claim. Being hypothecatees, he claims an equitable charge and practically adopts the arguments of the learned counsel for the 2nd respondent
hypothecator to the hypothecatee. It only creates a notional and an equitable charge in favour of the hypothecatee and the right of hypothecatee, as already ... notice or express notice to the public at large, the right of the hypothecatee is that of a bare private money creditor with the ancillary
borrowers. If these Non-banking
Finance Companies were exercising hypothecatees'
contractual right to sell pledged goods for realization of
unpaid loan these Companies came ... fact that the lenders in exercise of
their right as the hypothecatees sell the vehicles for the purpose of
realization of their dues
transferred. The only right acquired by the charge-holder is the right to be paid out of the property charged. The hypothecatee having nothing more ... right to get possession of the goods. Having no right of properly not even right to possession, I apprehend that a hypothecatee is not entitled
notional and an equitable charge in favour of the hypothecatee and the right of the hypothecatee, as already stated, is only ... right to seek for the sale of the hypothecated goods after obtaining a money decree on the debt.
12. If the rights of a hypothecatee
hypotheeator to the hypothecatee. It only creates a notional and an equitable charge in favour of the hypothecatee and the right of hypothecatee, as already ... notice or express notice to the public at large, the right of the hypothecatee is that of a bare private money creditor with the ancillary
purchased with the sale proceeds of the old bulls the right of the hypothecatee must extend to the new bulls. A good title ... before the new bulls were purchased. I do not think the right of hypothecatee of chattels attaches to goods or chattels purchased with the sale
