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of <h1>Security deposit ruled as trust money by court, granting preferential recovery rights to appellant.</h1> <h3>Kshetra Mohan Dass Versus Official Liquidator, East Bengal Sugar Mills Ltd.,</h3> The court held that the security deposit of Rs. 10,500, along with interest, was considered trust money. As a result, the appellant had a preferential ... Winding up – Overriding preferential payments and Preferential payments Issues Involved:1. Nature of the security deposit: trust money or loan.2. Preferential right of the appellant to recover the security deposit from the company's assets.3. Relationship between the depositor and the company: creditor-debtor or trustee-beneficiary.Detailed Analysis:1. Nature of the Security Deposit: Trust Money or LoanThe appellant, Kshetra Mohan Dass, deposited Rs. 10,500 with East Bengal Sugar Mills, Ltd. as a security deposit under a contract of agency. The key clauses (6, 14, 15 to 17) of the contract were examined to determine if the deposit was held in a fiduciary capacity or as a loan. The court noted that if the security deposit is impressed with a trust or held in a fiduciary capacity, the depositor would have priority over other creditors. The court referenced previous rulings, including *In re Hallet's Estate; Knatchbull v. Hallet* and *In re Alliance Bank of Simla, Ltd.*, which supported the notion that trust money should be returned to the depositor before creditors can claim the company's assets.2. Preferential Right of the Appellant to Recover the Security Deposit from the Company's AssetsThe appellant sought a decree for the sum of Rs. 10,500 with a preferential right to recover it from the company's assets. The court discussed the principles laid down in cases like *In re Bengal Zemindari and Banking Company Limited* and *In re Manekji Petit Manufacturing Co., Ltd.*, which differentiated between trust money and loans. The court concluded that if the deposit is considered trust money, the depositor would have a preferential right to recover it from the company's assets before other creditors.3. Relationship Between the Depositor and the Company: Creditor-Debtor or Trustee-BeneficiaryThe court examined whether the relationship between the depositor and the company was that of creditor-debtor or trustee-beneficiary. The court referenced several cases, including *In the matter of Annapurna Co. Ltd.*, *Maheshwari Brothers v. Liquidators, Indra Sugar Works*, and *The National Petroleum Co. Ltd. v. Popatlal Mulji*, which supported the creditor-debtor relationship. However, the court also considered cases like *In the matter of Hindustan Commercial Bank (India), Ltd.*, and *In the matter of Travancore National and Quilon Bank, Ltd.*, which supported the trustee-beneficiary relationship. The court concluded that the mere fact of a stipulation for payment of interest does not necessarily imply a creditor-debtor relationship, as a trustee can also be required to pay interest on trust funds.Conclusion:The court determined that the security deposit of Rs. 10,500, along with interest, should be regarded as trust money. The appellant, Kshetra Mohan Dass, is entitled to recover the deposit from the company's assets in priority over other claims. The appeal was allowed with costs to the appellant throughout.Separate Judgments:Sen, J. concurred with the judgment delivered by Mitter, J.
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