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1962 Supreme(Cal) 173

BACHAWAT, LAIK
HARIDAS MUNDRA – Appellant
Versus
NATIONAL AND GRINDLAYS BANK LTD – Respondent


Advocates Appeared:
S.MUKHERJEE

BACHAWAT, J.

( 1 ) THIS is an appeal by the plaintiff from a decree dismissing his suit, claiming a perpetual injunction restraining the defendant banking company from selling the shares pledged by him with the defendant. The plaintiff had a current overdraft account with the defendant. To secure the overdraft, the plaintiff pledged divers shares with the defendant. The plaintiff executed a letter of lien dated April 27, 1955, empowering the defendant to sell and dispose of the shares on default of payment of the moneys due on demand. On July 1, 1959, the plaintiff was indebted to the defendant for the sum of Rs. 36,46,627. 82 np. On July 1, 1959 the defendant instituted suit No. 858 of 1959 against the plaintiff for the recovery of its dues and obtained leave under Order 2, Rule 2 of the Code of Civil Procedure, 1908 to take appropriate proceedings in respect of the shares. We are informed that this suit has now been decreed in full. During the pendency of this suit, on February 6, 1960 the defendant served a notice on the plaintiff demanding payment of its dues and stating that in default of payment on or before February 18, 1960 the pledged shares or such of them as the defenda


































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