Supreme Court of India · 1980-04-30
STATE BANK OF SAURASHTRA vs CHITRANJAN RANGNATH RAJA AND ANR.
- Citation / case number
- SC 1970/60091
- Court
- Supreme Court of India
- Petitioner
- STATE BANK OF SAURASHTRA
- Respondent
- CHITRANJAN RANGNATH RAJA AND ANR.
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court analyzed the discharge of a surety under Section 141 of the Indian Contract Act, holding that a surety can be discharged if the creditor's negligence leads to the loss of pledged goods. The Court found that the trial court's conclusion that the surety remained liable despite the Bank's negligence was incorrect, as the guarantee and the pledge constituted a composite transaction. Consequently, the Court upheld the High Court's decision that the surety was discharged from liability due to the Bank's failure to safeguard the pledged goods.