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    <title>2010 (5) TMI 379 - Supreme Court</title>
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    <description>The expression &quot;debt&quot; under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 was treated as broad enough to cover a bank&#039;s claim against a non-borrower who, with knowledge of the bank&#039;s hypothecation, wrongfully sold the secured goods. The Tribunal&#039;s jurisdiction was therefore upheld for such a claim. Liability was not treated as extending to the entire decretal claim: it was confined to the value of the hypothecated stock and machinery actually proved to have been sold, together with interest. The decision distinguishes jurisdiction over a wrongful-dealing claim from liability as if the non-borrower were the original debtor.</description>
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    <pubDate>Mon, 03 May 2010 00:00:00 +0530</pubDate>
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      <title>2010 (5) TMI 379 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=113389</link>
      <description>The expression &quot;debt&quot; under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 was treated as broad enough to cover a bank&#039;s claim against a non-borrower who, with knowledge of the bank&#039;s hypothecation, wrongfully sold the secured goods. The Tribunal&#039;s jurisdiction was therefore upheld for such a claim. Liability was not treated as extending to the entire decretal claim: it was confined to the value of the hypothecated stock and machinery actually proved to have been sold, together with interest. The decision distinguishes jurisdiction over a wrongful-dealing claim from liability as if the non-borrower were the original debtor.</description>
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      <pubDate>Mon, 03 May 2010 00:00:00 +0530</pubDate>
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