Supreme Court of India · 1969-07-23
M..C. CHACKO vs STATE BANK OF TRAVANCORE, TRIVANDRUM
- Citation / case number
- SC 1966/60314
- Court
- Supreme Court of India
- Petitioner
- M..C. CHACKO
- Respondent
- STATE BANK OF TRAVANCORE, TRIVANDRUM
- Bench
- SHAH, J.C. (CJ)
Judgment text excerpt
The Supreme Court held that a charge could not be created in favor of a creditor bank based on a deed executed by a father to his son, as the recitals did not indicate an intention to create such a charge. The Court clarified that the letter of guarantee only established a personal obligation, and the creditor bank, not being a party to the deed, could not enforce its covenants. The appeal was dismissed, affirming the High Court's decision that the charge was not enforceable by the bank.