character of the 'Assignment' as used in the
Assignment Agreement between the parties. The 'Assignment' has been
defined in the Black ... sale out and out; it
may be only an equitable assignment. [Bence v
Shearman 47 WR 350: (1898) 2 Ch 582; Brand v
London Rubber
settled its claim in regard to the loss.
16. The equitable assignment of the rights and remedies
of the assured in favour of the insurer
state of Tamil Nadu. Thus, assignment agreement qua the
immovable property which is covered by the assignment, which property is
situated in the state ... with accrued interest.
(v) The assignment agreement dated 27.09.2013 is held void in so
far as it creates equitable mortgage of 253.89 acres of land
Corporate Debtor
and assigning the same for distribution as margin to the Respondent No.1 in
respect of equitable mortgage in the subject property held ... secures
payment or performance of an obligation and includes mortgage, charge,
hypothecation, assignment and encumbrance or any other agreement or
arrangement securing payment or performance
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