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    <title>2025 (3) TMI 1597 - BOMBAY HIGH COURT</title>
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    <description>Bank was permitted to pursue recovery of loan after pledged goods were destroyed by fire; the court held no legal bar prevents the bank from enforcing its security and making margin calls, and a parallel suit for damages does not restrain recovery. The court construed a contractual exemption clause as covering losses even if negligence is alleged, reasoning that a bank is not an insurer of pledged goods absent express contract; therefore liability remains contractual and limited. Insurance proceeds, if paid, must be adjusted against the bank&#039;s claim, with the bank free to pursue any remaining balance by due process.</description>
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      <title>2025 (3) TMI 1597 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=466408</link>
      <description>Bank was permitted to pursue recovery of loan after pledged goods were destroyed by fire; the court held no legal bar prevents the bank from enforcing its security and making margin calls, and a parallel suit for damages does not restrain recovery. The court construed a contractual exemption clause as covering losses even if negligence is alleged, reasoning that a bank is not an insurer of pledged goods absent express contract; therefore liability remains contractual and limited. Insurance proceeds, if paid, must be adjusted against the bank&#039;s claim, with the bank free to pursue any remaining balance by due process.</description>
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