Locker Renting Agreement Can’t Be Equated With ‘Bailment’ Between Hirer and Bank: Jharkhand High Court
Case: Mahesh Minz & Ors vs The State of Jharkhand & Anr
Coram: Justice Sanjay Kumar Dwivedi
Case No.: Cr.M.P. No. 1519 of 2009
Court Observation: “In view of that hiring of a locker is a transaction to be distinct in nature from a transaction that would create the relationship of landlord and tenant. Whatever property is deposited in the locker is undoubtedly in the custody and possession of the Bank, merely because the locker can be operated only in the presence of the locker hirer, could not amount to joint possession of the locker,”
“Banker can always open the locker with a master key, the hirer of the locker is not in a position to open the locker without the assistance of the Bank. The hirer can only access the locker only specified banking hour.”
“The Banker has no such limitation. If such a situation is there, the transaction of bailment could only be established if the provisions of Section 148 of the Indian Contract Act are complied,”
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Locker Renting Agreement
