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
possession of the hypothecator was contemplated and the only right which the hypothecatee got under it was a right to seek for the sale ... delivery of possession of the goods hypothecated and therefore, the right of the hypothecatee is only to seek for the sale of hypothecated goods after
agreement in law is an executory contract of sale and confers no right in rem on the hirer until the conditions for transfer ... terms the hypothecatee can proceed ahead without intervention of the Court."
It is further held that the clause empowering the hypothecatee to take possession
effected by a participant without the concurrence of the pledgee or the hypothecatee, as the case may be."
10. I find that ... name of the parties. I find that the parties became the rightful owners of the said shares in SIL. In view of this
Bank Of Baroda vs Avdoot Bhagwant Naik And Ors. on 8 June, 2004
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