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Supreme Court’s view on Disposal of Hypothecated Assets by Borrower Debtor

By Pervez Akhter

Published In

CRLJ 2012

The Banks/Financial Institutions (lenders) extends various types of loans/advances (financial assistance) to their customers (borrowers) and to secure the repayment of the said financial assistance, the lenders obtain various types of securities (both primary and collateral) including hypothecation of tangible/intangible assets, mortgage of immovable properties and pledge of goods etc. from the borrowers/third parties. The write up aims to deal with the remedies/recourse available to the lender in cases where the borrower remove or deal with the assets hypothecated to the lender as security for the loan/advances and whether the offences punishable under Sec. 378 (Theft), Sec. 403 (Dishonest Misappropriation of Property), Sec. 405 (Criminal Breach of Trust), Sec. 415 (Cheating), Sec. 425 (Mischief) of the Indian Penal Code are made out in such cases besides exploring the steps which can be taken in view of the Supreme Court judgments, the subject-matter of review. Hypothecati ....

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