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
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
enjoy the same without causing any damage to the rights of the hypothecatee."
"The distinction between pledge and hypothecation is that, in case ... enjoy the same without causing any damage to the rights of the hypothecatee whereas in the case of pledge the possession of moveables will
hypothecatee and that in such a case the right of the hypothecatee is only to sue on the debt and proceed in execution against ... favour of the hypothecatee. The Division Bench also observed thus:
"Excepting for the bare assertion that the plaintiff as hypothecatee could seek for possession
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 ... even the right to get possession of the goods. Having no right of property not even right to possession, I apprehend that a hypothecate
S.A. Rajamier vs M.R.M.A. Subramaniam Chettiar And Ors. on 26 April
unsustainable, because in truth and in law the right of the plaintiffs is only that of hypothecatees.
(5) Both the Courts below came
plaintiff's bank.
11. Such being the factual position, as rightly putforth by the plaintiff's counsel, the plaintiff having laid the suit ... enjoy the same without causing any damage to the rights of the hypothecatee and further, when it is found that in case of hypothecation, unlike
reason that
when the goods are not in the possession of the
hypothecatee, there is no question of his losing or parting with
the same ... from any angle, the DRAT has not
approached the matter in its right perspective. It has not
W.P.No.3045/2006
- 20 -
adverted
