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...accommodation for the purpose of his business by way of cash credit facility, fixing the maximum limit of rs. 50,000/ -. The first defendant as collateral security deposited certified copy of title deed relating to the prop...alleged date of equitable mortgage. Therefore, the suit filed against this defendant, including the extent purchased by him, is not maintainable. The plaintiff ought to have obtained a regular mortgage deed, for th...the allegations, the plaintiff obtained the certified copy of the title deed in respect of the 'a' schedule property only as collateral security and not with an intention to secure the same, as equitable mortgage. ...
...original Will, created another equitable mortgage subsequently by deposit of such original documents.
4 The Debt Recovery Tribunal by referring to Section 58(f) of the Transfer o...accepting the certified copies of the sale deed and the Will for creation of the equitable mortgage. By applying the principle of...Section 78 of the Act.
6 Learned counsel appearing for the Indian Bank / appellant submitted that since creation of equitable mortgage by deposit of certified copies of the documents...
.... Therefore, it is clear that the original document was not available with the second respondent to be produced before the bank at the time of creating the equitable mortgage in respect of the property.9. Even though ...the second respondent with the appellant in this case. Hence the deposit of certified copy of the settlement deed is sufficient in this case to create an equitable Mortgage.10. In the....3. The lower court disallowed the claim of the plaintiff for recovery of the amount by sale of plaint A schedule immovable property in enforcement of the equitable mortgage alleged to have...
...above, the panel Advocate of the Bank erred in treating the certified copy of the sale deed as original one and that mistake was due to reason that the certified copy being on Folio was deceptively looking like ori...of the fact that the said certified copy of the sale deed was obtained by the petitioner on 27.02.1980 itself i.e much prior to the application of loan in the year 2004.4. That the...been deposited at the time of equitable mortgage in favour of Syndicate Bank, Bhagalpur Branch against Loan and any other relief for which petitioner is legally entitle.”Learned counsel...
.... In such premises, I am not minded to interfere in present writ petition since the petitioner is not able to dislodge the claim of equitable mortgage made by the Bank.6. W.P 3858 (W) of 2015 is dismissed....petitioner is unable to establish that, either the predecessor in interest of the vendor or the vendor did not create equitable mortgage of the property concerned by deposit of title deeds.5...claiming security interest over the property concerned on the basis of equitable mortgage.3. In such circumstances, the petitioner is called upon to produce the original title Deed...
...another equitable mortgage subsequently by deposit of such original documents.
4. The Debt Recovery Tribunal by referring to Section 58(f) of the Transfer of Property Act....
6. Learned counsel appearing for the Indian Bank / appellant submitted that since creation of equitable mortgage by deposit of certified copies of the documents of title is permissible...initially there was some difference of opinion expressed by various High Courts in India relating to validity of creation of equitable mortgage on deposit of certified copies of the original title deeds...
...original Will, created another equitable mortgage subsequently by deposit of such original documents.
4. The Debt Recovery Tribunal by referring to Section 58(f) of the Transfer o...the certified copies of the sale deed and the Will for creation of the equitable mortgage. By applying the principle of...78 of the Act.
6. Learned counsel appearing for the Indian Bank/appellant submitted that since creation of equitable mortgage by deposit of certified copies of the documents of title...
...the first defendant.
A11 13.08.2013 Memorandum of Extension of Equitable Mortgage executed by the first defendant.
A12 … Certified copy of...the credit facilities and creation of mortgage over 'A' schedule property are well established from the documents placed by the applicant bank. An aggregate sum of Rs.35,50,695.03 is outstanding in the....
A2 06.02.2013 Copy of the Loan Sanction letter issued by the State Bank of Travancore to the defendants 1 and 2.
A3 06.02.2013 Agreement for loan executed by the...
...of letter of instalment with acceleration clause executed by the defendants in favour of the applicant bank. A4 11.11.2005 Certified copy of declaration-cum-undertaking-cum authority executed by th...
Applicant's Exhibits
Ext.No. Date Particulars of documents A1 11.11.2005 Certified copy of loan agreement for individual (housing loans) executed by the...of the applicant bank. A2 11.11.2005 Certified copy of demand Promissory Note for Rs.11 lakhs executed by the defendants in favour of the applicant bank. A3 11.11.2005 Certified copy...
...of the future subscription of the chitty. The petitioner intended to provide security of his immovable property. To show that he owns the property, he produced a certified copy of the title deed. The title deed in original was not p...within the purview of self-satisfaction of the creditor. Admittedly, what the petitioner produced before the first respondent is only a certified copy of the title deed. As per the ...not acting based on a certified copy of the document, necessarily that creditor cannot be found fault with. Therefore the decision of the Supreme Court or the decision of the Full Bench of this court...
...chitty. The petitioner intended to provide security of his immovable property. To show that he owns the property, he produced a certified copy of the title deed. The title deed in original was not produced. The certified ...respondent is only a certified copy of the title deed. As per the Transfer of Property Act, equitable mortgage is by depos...the original title deed of the property. In such circumstances, if a creditor is not acting based on a certified copy of the document, necessarily that creditor cannot be found fault with...
...bank
Ex.A-3
4.
08.02.2008
Certified copy of letter of continuing security executed by the defendants in favour of applicant bank
Ex.A-4
5.
...Loan application submitted by the 1st defendant
Ex.A-1
2.
08.02.2008
Certified copy of hypothecation cum loan agreement executed by the defendants in...favour of applicant bank
Ex.A-2
3.
08.02.2008
Certified copy of Demand Promissory Note for Rs.8,00,000/- executed by the defendants in favour of applicant...
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...12.09.2015 Memorandum of extension of equitable mortgage executed by the defendants.
A7 08.11.2019 The certified copy of the statement of account of the cash...affidavit filed by AW1 and the documents produced in this case are not challenged by the defendants. The availing of the cash credit facility and creation of mortgage over the schedule property are...future interest and costs from the defendants jointly and severally and by sale of the schedule property.
Facts of the case:
2...
...
A4 28.09.2007 Certified copy of the hypothecation-cum-loan agreement executed by the 1stdefendant in favour of the applicant bank A5 28.09.2007 ...defendant in favour of the applicant bank
A11 28.09.2007 Certified copy of the hypothecation-cum-loan agreement executed by the 2nddefendant in favour of the applic...security documents. The repayment of the amounts due under the aforesaid cash credit limits was guaranteed personally by the 3rddefendant and secured by the equitable mortgage created by him ove...
...confirmation by this respondent, the applicants have created an equitable mortgage by deposit of certified copy of the title deeds of the same property in Indian Bank. There is no balance of conve...allegation that the applicants appended their signatures in the printed mortgage documents, that too by a partnership firm having turnover in crores does not reflect the integrity. As per the accounts, the...loan by way of second mortgage of the suit property from Indian Bank. This respondent has sent letters to the Indian Bank that the advance will not exceed Rs. 2,50,00,000. On the basis of the...
..., Ferok [2023 KHC online 9452] found that the attachment after the creation of equitable mortgage can be effaced by filing the certified copy of the judgment of this Court directing the effacement of...Assets and Enforcement of Security Interest Act, 2002. The said sale was conducted to enforce the security interest created in the property by way of mortgage by deposit of Title Deeds on 31.03.2015 by...property bought by the petitioner shall be done within a period of two months from the date of receipt of a copy of this judgment.
The writ petition is allowed. No costs...
...encumbrance recorded with the land registry office. He was not expected to go from bank to bank or person to person to find out whether any equitable mortgage had been created by deposit of title deeds.5. Now..., wanted to furnish it as security on the strength of a certified copy of the title deed, the bank should have stopped him then and there. Any officer could have easily detected that it was not the original.8. Therefo....13. I direct the Registrar General of this Court to send a copy of this order to the Chairman of Allahabad Bank, for information.14. Urgent certified photo copy of this order...
...03.04.2006 Certified copy of possession certificate issued by the Village Officer, Uppala.
A8C 06.04.2006 Certified copy of patta No.A132/73...07.07.2006 Certified copy of memorandum of deposit of title deed prepared by the applicant bank showing the creation of mortgage by the 1stdefendant....
A7 07.07.2006 Certified copy of declaration of mortgage executed by the 1st defendant in favour of the applicant bank.
...
.... A5 22.02.2006 Certified copy of relevant page of scroll cash book showing deposit of title deed by the 1stdefendant.
A6 22.02.2006 ....
A14 16.11.2006 Certified copy of relevant page of scroll cash book showing re-deposit of title deed by the 1stdefendant.
A15 ... ...portion of the mortgaged property was purchased by the 2nddefendant during the pendency of the mortgage with the applicant bank. As such the rights, if any, in the name of the 2nd...