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1999 Supreme(AP) 214

C.V.N.SASTRY
K. Sita – Appellant
Versus
Corporation Bank, East Godavari District – Respondent


C. V. N. SASTRY, J.

( 1 ) THE short question for decision in this writ petition is whether the respondent-bank, in exercise of the general right of Banker s lien has right to retain the gold ornaments, which were pledged to it by the petitioner for raising a particular loan, even after the discharge of the said loan, for the purpose of recovery of another loan subsequently advanced to the petitioner by the respondent. For a proper appreciation of the question involved, it is necessary to state briefly the facts of the case.

( 2 ) ON 24-6-1995 (sic) the petitioner took an agricultural loan of Rs. 3,000 from the respondent by pledging certain gold articles. In the year 1989 she repaid half of the said loan and the balance including interest as on 2-10-1989 was only Rs. 2,765. 00. On 8-9-1990 the petitioner was given credit for a sum of Rs. 2,765. 00 under the Central Agricultural Debt Relief Scheme. Thus the said loan stood practically discharged. Meanwhile on 4-1-1986 the petitioner contracted another loan of Rs. 21,000. 00 from the respondent-bank under Gramodaya scheme. She made some part-payments towards this loan and the balance due as on 2-10-1989 was Rs. 10,800. 00. The petitio









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