Sale of Goods Act, 1930
45. "Unpaid seller" defined
(1) The seller of goods is deemed to be an "unpaid
seller" within the meaning of this Act.-
(a) When the whole of the price has not been
paid or tendered;
(b) When a bill of exchange or other
negotiable instrument has been received as conditional payment, and the condition
on which it was received has not been fulfilled by reason of the dishonor of
the instrument or otherwise.
(2) In this Chapter, the term "seller" includes any
person who is in the position of a seller, as, for instance, an agent of the
seller to whom the bill of lading has been endorsed, or a consignor or agent
who has himself paid, or is directly responsible for, the price.