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...fraudulently. For that the suit is pending before Civil Court for cancellation of the lease deed. Ld. counsel for the applicant further submits that the lease cannot be a subject matter of the mortgage as the lease deed doesn't amount to the title deed. Hence, simply depositing the lease deed will not amount to the equitable mortgage by deposit of... not the borrower in this case. He is the lesser of the property which has been subsequently mortgaged to secure the loan taken by the lessee. The clause in the lease deed was inserted...date. So the lease deed in favor of the mortgager which authorizes right to mortgage is a Title Deed for that purposed. So far as the question with regards to the subject matter of the...

...document is an equitable mortgage, (ii) mortgagor obtained a loan of Rs. 24 lakhs from the Bank (mortgagee), to put up a multi-storeyed building on the leasehold, (iii) the lease was for a period of 30 years; (iv) to secure the loan, mortgagor offered to the Bank, the equitable mortgage by deposit of title deed, (that...characterising the deed in one way or the other.17. A delivery of title deed (by way of equitable mortgage) creates an equitable mortgage upon the whole of the property composed by the title...leviable as per Article 6 of the Schedule to the Act; otherwise, and if it is a mortgage deed, Article 34 is attracted. Article 34 is applicable to ‘mortgage deed not being an agreement relating to deposit...

...submitted that the affidavit of respondent No. 2 appearing at page 123 of the paper book has referred to creation of an equitable mortgage of the property by deposit of Lease Deed, while the Chief...Metropolitan Magistrate has referred to as a Sale Deed. The above submission cannot advance the case of the petitioner, especially on account of a mis-description of Sale Deed as a Lease Deed, when the very said document refers to the Sale Deed, by virtue of which the petitioner has acquired the property at Inderpuri. Therefore, it is apparent that the intention of the deponent was to create an equitable mortgage by deposit of...earlier mentioned Sale Deed and not the Lease Deed, as erroneously mentioned.8. Both the parties have taken me through the documents, which had been filed before the Chief Metropolitan Magistrate. Reference be next made to the letter addressed to the Chief Manager, Union Bank of India. This letter by respondent No. 2 clearly records that the equitable mortgage was created by deposit of...

...submitted that the affidavit of respondent No. 2 appearing at page 123 of the paper book has referred to creation of an equitable mortgage of the property by deposit of Lease Deed, while the Chief...Metropolitan Magistrate has referred to as a Sale Deed. The above submission cannot advance the case of the petitioner, especially on account of a misdescription of ‘Sale Deed’ as a ‘Lease Deed’, when the very said document refers to the Sale Deed, by virtue of which the petitioner has acquired the property at Inderpuri. Therefore, it is apparent that the intention of the deponent was to create an equitable mortgage by deposit of...earlier mentioned Sale Deed and not the ‘Lease Deed’, as erroneously mentioned.9. Both the parties have taken me through the documents, which had been filed before the Chief Metropolitan Magistrate. Reference be next made to the letter addressed to the Chief Manager, Union Bank of India. This letter by respondent No. 2 clearly records that the equitable mortgage was created by deposit of...

...executing one Guarantee Agreement dated 02-07-2015. That besides the securities for repayment of the above mentioned loan facilities, the defendant No. 2 to 5 had created equitable mortgage of lease hold right of a plot of land possessed by them in favor of the applicant bank by deposit of Title Deed and...other relevant documents. That the defendants No. 2 to 5 had confirmed the creation of equitable mortgage of the lease hold right of a plot of land possessed by them described in Schedule B by deposit of Title Deed and...are the partners of the defendant No. 1 firm. The defendant No. 2 to 5 are also the mortgagors ( lease hold right) to the loan availed of by the defendant No. 1 firm. The say of the applicant bank is...

...and neither the bank insisted on the follow up action. The letter written by Anil Sirpaul would be his consent and act of creating the charge by way of an equitable mortgage by deposit of the perpetual lease-deed dated...equitable mortgage by deposit of the original perpetual lease-deed dated March 30, 1963 and its continued possession with the bank. Secondly that the deposit of the said perpetual lease-deed as the...created by way of equitable mortgage, exhibited a photocopy of the perpetual lease-deed dated March 30, 1963 as Ex.P-61 and photocopy of the conveyance deed annexed as an appendix thereto, as Ex.P-62. The...

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.... The letter written by Anil Sirpaul would be his consent and act of creating the charge by way of an equitable mortgage by deposit of the perpetual lease-deed dated March 30, 1963, for which he did not...equitable mortgage of the mortgaged properties (which includes the subject property) was created in favour of OBC by deposit of the original title deeds of the mortgaged properties on 27.05.1988. Smt. Raj.... According to OBC, Smt. Raj Rani had created an equitable mortgage of the mortgaged properties in 3 favour of OBC by...

...Sirpaul would be his consent and act of creating the charge by way of an equitable mortgage by deposit of the perpetual lease-deed dated March 30, 1963, for which he did not have the authority because.... Raj Rani had created an equitable mortgage of the mortgaged properties in 3 favour of OBC by...orders passed by the learned DRT exhibiting the letter for deposit of Title Deeds (Exhibit AW-1/24) and the Deed of Guarantee (Exhibit AW-1/17) be recalled and the said documents in effect be "de...

...executed loan documents on behalf of 1't Defendant company. Defendants 2 to 5 stood as guarantors for the loan and executed deed of guarantee on 31.03.2011. Defendants 2 to 5 also created equitable mortgage of OA schedule A to D properties as a security for the term loan sanctioned to 1st Defendant company by way of deposit of title deeds and executed confirmation of mortgage under letter dated 04.04.2011. 1"t Defendant also created equitable mortgage on lease hold...over OA schedule- E property by deposit of original lease deed as a security for the term loan. The Maharashtra Industrial Development Corporation (lvlIDC) gave consent and no objectlon through letters dated 31.05.2011 and 02.08.2011 for creation of sald mortgage on lease hold rights and 1st Defendant, Applicant Bank and lvlIDC entered into agreement on 29.08.2011. Defendant No.3 also created equitable mortgage...letter dated 08.07.2013. At the request of the 1't Defendant, Applicant Bank extended the equitable mortgage over OA schedule-E property and lease hold rights on OA schedule-F property in favour of...

...&4 Rfrn',tt$ ON20812014 DRT-3/Kol executed Letters of Guarantee on 29.01.2010 & 21.03.2012. Defendant Nos.2 to 4 created equitable mortgage in respect of their immovable property(s) by deposit of Original Lease Deed of...to 4 created equitable mortgage upon their immovable property(s), described in para 5 (vii) & (viii) at page 1 I of the O.A., by depositing the Original Lease Deed dated 16.03.2007 with the...Applicant Bank, copy of original Registered Lease Deed alongwith NOC by Chattisgarh State Industrial Development Corp. Ltd. are annexed as Annexure 'D' &'E'. (iii) The said credit...

...Anil Sirpaul would be his consent and act of creating the charge by way of an equitable mortgage by deposit of the perpetual lease-deed dated March 30, 1963, for which he did not have the authority...equitable mortgage by deposit of the original perpetual lease-deed dated March 30, 1963 and its continued possession with the bank. Secondly that the deposit of the said perpetual lease-deed as the title...bank exhibited various documents and concerning the charge created by way of equitable mortgage, exhibited a photocopy of the perpetual lease-deed dated March 30, 1963 as Ex.P-61 and photocopy of the...

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...securities for repayment of the abovementioned loan facilities, the defendant no. 2 had created Equitable Mortgage of Lease Hold Rights (for a period of 15 years) of a land taken as lease by the defendant no. 2 from the proforma defendant no. 4 by deposit of Registered Lease Deed dated...the abovementioned loan facilities availed of by the defendant no.1 firm. The defendant no. 2 had confirmed the creation of Equitable Mortgage of Lease Hold Rights of the land by deposit of the Registered Lease Deed dated...Certificate as per Letter No. DICCD(MIE)1/2007-08/4245 dated 26.06.2007 to create mortgage Lease Hold Rights of a land. That besides the securities for repayment of the abovementioned loan facilities, the defendant no. 3 had created Equitable Mortgage of his landed property by deposit of Registered Deed of...

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...executed various loan documents i.e. D.P. note, Composite Hypothecation agreement, Guarantee agreement, Confirmation of deposit of title deed, all dated 26.9.2012. The defendant No. 3, created equitable mortgage, by depositing Lease deed...no. 2273 dated 4.6.2004 to secure the entire limit on 26.9.2012 through confirmation of deposit of title deed. The details of the mortgage property as under...created equitable mortgage in favour of the applicant bank to secure the loan of defendant No.1. Defendant no.1 through Defendant No. 2, approached the applicant bank for...

...equitable mortgage by deposit of original lease deed with Allahabad Bank. 2. Petitioner's further case is that said premises was vested upon the Government of West Bengal.../1998 between said Joyanta Basu and Thika Tenancy Applicant Manik Sarkar have been placed wherefrom it is found that Sri Basu got land by registered deed lease dt.26/9/1968 for a period of 99 years from... 2 respect of the plot being plot no. 23E, was granted lease in favour of Mr. Jayanta Basu for a period of 99 years on 26.09.1968 by a...

...this letter and neither the bank insisted on the follow up action. The letter written by Anil Sirpaul would be his consent and act of creating the charge by way of an equitable mortgage by deposit of the perpetual lease-deed dated...sustained for two reasons. Firstly, the bank has failed to prove creation of an equitable mortgage by deposit of the original perpetual lease-deed dated March 30, 1963 and its continued possession with...the Land & Development Office as the joint perpetual lessees, in favour of Anil Sirpaul, which sale-deed preceded the date when the alleged mortgage was created by way of deposit of the perpetual...

...this letter and neither the bank insisted on the follow up action. The letter written by Anil Sirpaul would be his consent and act of creating the charge by way of an equitable mortgage by deposit of the perpetual lease-deed dated...sustained for two reasons. Firstly, the bank has failed to prove creation of an equitable mortgage by deposit of the original perpetual lease-deed dated March 30, 1963 and its continued possession with...the Land & Development Office as the joint perpetual lessees, in favour of Anil Sirpaul, which sale-deed preceded the date when the alleged mortgage was created by way of deposit of the perpetual...