1992 (3) TMI 355 - SC - Indian Laws

Summary

Issues Involved:
1. Meaning and scope of "Banker's lien."
2. Bank's right to retain deposits under a general lien.
3. Attachment of Fixed Deposit Receipts (FDRs) by a decree-holder.
4. Discharge of Bank guarantee and its implications on lien.

Detailed Analysis:

1. Meaning and Scope of "Banker's Lien":

The primary issue addressed is the definition and application of "Banker's lien" in legal and banking contexts. The court delved into established legal principles and definitions from authoritative texts to elucidate the concept. According to Halsbury's Laws of England, lien is "a right in one man to retain that which is in his possession belonging to another until certain demands of the person in possession are satisfied." Chalmers on Bills of Exchange and Chitty on Contract further describe a banker's lien as an "implied pledge" and a "general lien over all forms of commercial paper deposited by or on behalf of a customer in the ordinary course of banking business." The court emphasized that such a lien is judicially recognized and forms part of the law merchant, allowing banks to retain securities or negotiable instruments deposited by customers until any outstanding debts are cleared.

2. Bank's Right to Retain Deposits Under a General Lien:

The court examined the specific case of the appellant Bank's right to retain two FDRs deposited by the Judgment-debtor. The Judgment-debtor had deposited the FDRs as security for a Bank guarantee, with the covering letters explicitly stating that the deposits would remain with the Bank "so long as any amount on any account is due to the Bank." The court concluded that these letters created a general lien in favor of the Bank, allowing it to retain the FDRs against any outstanding liabilities of the Judgment-debtor. The court rejected the High Court's reasoning that the Bank's lien was limited to the Bank guarantee, emphasizing that the general lien persisted even after the discharge of the Bank guarantee.

3. Attachment of Fixed Deposit Receipts (FDRs) by a Decree-Holder:

The decree-holder sought to attach a portion of the FDRs deposited as security for the Bank guarantee. The High Court initially allowed this attachment, but the appellant Bank objected, arguing that it had a general lien over the FDRs. The Supreme Court clarified that while a banker's lien does not bar attachment, the Bank's right to retain the FDRs under its general lien must be considered. The court cited Halsbury's Laws of England and Order 21 Rule 46(a) of the Civil Procedure Code, noting that deposits payable at a future date are still liable to attachment, but the Bank's lien must be accounted for.

4. Discharge of Bank Guarantee and Its Implications on Lien:

The court addressed the implications of discharging the Bank guarantee on the Bank's lien. It emphasized that a Bank guarantee is an autonomous contract imposing an absolute obligation on the Bank to fulfill its terms. Once the guarantee is discharged, the Bank's obligation ends, but this does not affect the general lien created by the covering letters. The court rejected the High Court's view that the Bank's lien was limited to the Bank guarantee, reaffirming that the general lien persisted beyond the discharge of the guarantee.

Conclusion:

The Supreme Court allowed the appeal, setting aside the High Court's order directing the Bank to deposit Rs. 35,000. The court held that the appellant Bank had a general lien over the two FDRs and could retain them against any outstanding liabilities of the Judgment-debtor. The High Court was directed to reconsider the Bank's objections and determine if any amount remained for attachment by the decree-holder. The appeal was allowed with no order as to costs.