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1967 Supreme(Mad) 164

M.ANANTANARAYANAN, NATESAN, RAMAKRISHNAN
Chief Controlling Revenue Authority, Madras – Appellant
Versus
V. Ramakrishna Sons (P. ) Ltd. , Madras – Respondent


Advocates:
Addl. Govt. Pleader, for Appellant; V. Devarajan, for Respondents.

Judgement

NATESAN, J. :- These references under Sec. 57 of the Indian Stamp Act, 1899, raise a common question whether the related instrument is chargeable as an agreement relating to pledge or pawn of moveable property falling under Art. 6(2) of Schedule (formerly Art. 5 of Schedule 1-A) or as an agreement falling under Art. 5(c) (formerly Art. 4 of Sch. 1-A). The language of the two instruments is identical and the same as in R. C. No. 1 of 1964, which this Court had to consider and the answer to which is reported in the Chief Controlling Revenue Authority, Madras v. Sundaram Finance (P.) Ltd., Madras, 1966-1 Mad LJ 6 : (AIR 1966 Mad 177) (FB). Under the instruments in question, the executants arranged with the Bank for the cash credit or overdraft facilities providing security for the advances. The relevant term of the instrument, which is relied upon for the Revenue is Clause 11 which runs thus :

"That the borrowers do further agree and hereby give to the said Bank during the currency and for the payment of its dues, a general lien and right of set off and charge on all moveable property of every description coming into the possession of the said Bank on account of the borrowers






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