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2017 Supreme(Del) 1283

VALMIKI J.MEHTA
INDUSIND BANK – Appellant
Versus
LT. COL. M. P. S. BHATIA – Respondent


Advocates Appeared:
For the Appellant : Mr. V.K. Gupta
For the Respondents: Mr. Arun Mahajan, Mr. Avinash Kumar Tyagi

JUDGMENT :

VALMIKI J. MEHTA, J.

1. This Execution First Appeal is filed by the appellant/objector against the order of the executing court dated 9.5.2016 by which the executing court has directed the appellant/bank to seek discharge of the bank guarantee issued by it in the favor of the Union of India so that the executing court thereafter in execution would be able to seek encashing of the fixed deposit amount lying with the appellant/bank as lien for the bank guarantee issued in favour of the Union of India and in order to satisfy the money decree in favor of the respondent no.1/decree holder. Putting it in other words, in execution of the decree of the respondent no.1/decree holder herein the fixed deposit of the respondent no.2/judgment debtor was lying with the appellant/bank, but the appellant/bank had taken this fixed deposit as 100% cash margin for issuing of a bank guarantee in favour of the Union of India/Government, and consequently the appellant/bank had a first charge/lien/entitlement to encash the fixed deposit in case any liability arose of the appellant/bank towards the Union of India on account of Union of India encashing bank guarantee (and under which bank gurantee










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