vehemently argued that there was no
creation of equitable mortgage in favour of the
respondent-bank, as claimed by them. It was
also argued since ... there was no creation of
equitable mortgage, the respondent-bank could
not have filed and marked as exhibits in the
original application before this Tribunal
title deed by
L.Srikantiah would create a valid equitable mortgage in the
absence of any document evidencing such deposit is with intention
to create ... equitable mortgage?
Cross Appeal No.54 of 2020
i)Whether the Appellate Court was right in granting a
decree for partition in favour
petitioner further says that the respondent
No.4 had already created equitable mortgage in favour of
respondent No.3-Bank of Baroda ... Therefore, BOB upon request
of respondent No.4 extended joint equitable mortgage in
favour of petitioner-GSFC on 23.9.1997. Annexed hereto
and marked as ANNEXURE
further
agreed that the borrower and guarantor shall create an equitable
mortgage over the properties described in Schedule – I and II to the said
loan ... dated 11.04.2018 whereby the
respondents therein were directed to register an equitable mortgage in
respect of the properties described in the schedule to the claim
equitable mortgage, the borrower can sell the
mortgage property to the third party without knowledge of the
lender as in an equitable mortgage, the mortgage ... security for the loan
amount. Registration is not compulsory for an equitable
mortgage.
15. In the present proceedings, in the first transaction
that the Court failed to take note of the fact that equitable
mortgage of the assets of the accused Nos.2 and 3 had been ... branch and legal opinion has to be taken before any such
equitable mortgage. In this case also, equitable mortgage had
been taken
cannot be returned as the same has been kept as subsequent
equitable mortgage to the MSME Loan availed for purchasing Vehicle ... Petitioner's sole Residential House had been created as
subsequent equitable mortgage for sanction of "Transport Loan" by
virtue of the Composite
furtherance of
and in pursuance of the purported equitable
mortgage of the said property alleged to have
created in favour of the respondent ... passed restraining the respondents
forthwith from seeking to enforce such purported
equitable mortgage by taking any coercive steps
against the petitioner;
(d) An order
constructed out of the
finance provided by the said Bank. The equitable mortgage of the land
measuring 116 Kanal 17 Marla at Village Lambra, Jalandhar ... crop loan limit was extended to `7 Crores
and the equitable mortgage already created on 116 Kanal 13 Marla at
Lambra Village was extended
mortgage' and 'equitable mortgage' and whether in the case in hand a mortgage or equitable mortgage, as the case ... legislature has not recognized any distinction between equitable mortgage or legal mortgage. Though the term equitable mortgage has invariably been used commonly in Courts
