LawgistThe Indian Contract Act
176Pawnee's right where pawnor makes default
If the pawnor makes default in payment of the debt, or performance, at the stipulated time of the promise, in respect of which the goods were pledged, the pawnee may bring a suit against the pawnor upon the debt or promise, and retain the goods pledge as a collateral security; or he may sell the thing pledged, on giving the pawnor reasonable notice of the sale.
If the proceeds of such sale are less than the amount due in respect of the debt or promise, the pawnor is still liable to pay the balance. If the proceeds of the sale are greater than the amount so due, the pawnee shall pay over the surplus to the pawnor.
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Bailments of pledges
- 172 "Pledge", "Pawnor" and "Pawnee" defined
- 173 Pawnee's right of retainer
- 174 Pawnee not to retain for debt or promise other than that for which goods pledged
- 175 Pawnee's right as to extraordinary expenses incurred
- 176 Pawnee's right where pawnor makes default
- 177 Defaulting pawnor's right to redeem
- 178 Pledge by mercantile agent
- 178A Pledge by person in possession under voidable contract
- 179 Pledge where pawnor has only a limited interest
