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20 October, 2021

Hypothecation and pledge

 Pledge: A pledge is a bailment of goods as security for the payment of a debt or the performance of a promise (Section 172 of the contract Act 1872). Where bailment means the delivery of goods by one person to another for some purpose under a contract that the goods will be returned or otherwisdispose of  accordin to  the  direction of  the  person  deliverin them  when   the  purpose  is accomplished.

Hypothecation:  hypothecation  is a charge against property  for an amount  of debt whether  neither ownership nor possession is passed to the creditor. In this case, the possession and control of goods remain with the customers. An equitable charge on the security is created by the customer in favor of the banks. In this case the customer executes an agreement called as agreement of hypothecation. Feature of hypothecation:

I.       Charge against a property for an amount of debt

II.      Goods remain in the possession of the borrower

III.     Equitable charge to the bank under documents Letter of credit

IV.     Borrower binds himself to give possession of the hypothecated goods to the bank when called upon to do so.