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1967 Supreme(Mad) 183

M.ANANTANARAYANAN, RAMAKRISHNAN, NATESAN
Chief Controlling Revenue Authority, Madras – Appellant
Versus
Messrs Pioneer Spinners Private Ltd. – Respondent


Advocates:
Addl. Govt. Pleader, for Appellant; M.L. Nayak, for Respondent.

Judgement

NATESAN, J. :- This is a reference under S. 57 of the Indian Stamp Act and the question for decision is, whether the instrument in the case- falls under Art. 6 of the Stamp Act as an agreement relating to deposit of title deeds or is only an agreement falling under Art. 5. To get at the true character of the instrument in question, it is necessary to briefly refer to the circumstances in which it came to be executed and the material terms of this instrument. The executants, the respondents herein, on 13th February 1963 applied to the Canara Bank Ltd. Advance Dept., Bangalore, for a loan of Rs. 8,00,000. for business purposes at the Coinibatore office of the Bank, offering to secure the repayment of the loan, (1) by executing in favour of the Bank a document termed "Articles of Agreement" for Rs. 8,00,000, with other relative papers and (2) by delivering and depositing with the Bank with intent to create security thereon title deeds of properties set out in the schedules to their proposal. The proposal contained, the list of documents which they would be depositing, the description of the properties to which their title deeds related, immoveable properties including machine














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