Scott C. J., after considering the effect of that case in Bhikhabhai Muljibhai v. Panachand (1919) I.L.R. 43 Bom. 707 : S.C. 21 Bom. L.R. 770, 774, held (p. 713):
In the case in Bhikabhai Muljibhai v. Panachand Odhavji ('19) 6 AIR 1919 Bom 99 it was held by the Bombay High Court that when the mortgagor and mortgagee had the intention of defeating and delaying creditors and part of the consideration was fictitious the entire mortgage was voidable and it could not be enforced partially in respect of the consideration which was actually paid.