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1992 Supreme(SC) 206

K.JAYACHANDRA REDDY, J.S.VERMA
Syndicate Bank – Appellant
Versus
Vijay Kumar – Respondent


Advocates:
NINA GUPTA, P.P.Rao, VINIT KUMAR, VIPLAV SHARMA

Judgment

K. JAYACHANDRA REDDY, J.:-The question involved in this appeal is; what is the meaning of "Bankers lien" in the legal terminology and how it is understood and exercised in the banking system. The appellant is Syndicate Bank. The firm by the name of M/ s. Jullundur Body Builders, respondent No. 2 (hereinafter referred to. as "judgment-debtor") have been enjoying various types of credit facilities from the appellant-Bank for the last so many years. They were also enjoying overdraft facility with a limit of Rupees 1,00,000/-. Respondent 1 (hereinafter referred to as "decreeholder") obtained a decree against the judgment-debtor for Rs. 1,04,441.35 p. with future interest 9%. In the course of the execution proceedings the judgment-debtor agreed to pay the decretal amount in the instalments of Rupees 5,000 per month. To ensure compliance with the undertaking, the judgment-debtor was required by the executing Court to furnish a Bank guarantee for a sum of Rs. 90,000/- in favour of High Court of Delhi. On 10-9-80 the judgment-debtor requested the appellant-Bank to furnish a Bank guarantee for a sum of Rs. 90,000/- in favour of Registrar of High Court of Delhi. The Bank agreed to fu








































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