reported to the Controlling Office; and
formalities for creating equitable mortgage over immovable
property offered as collateral security were not completed;
iii) That the respondent ... periodical inspections were not carried out and
formalities for creation of equitable mortgage over
immovable property stipulated as pre-condition for sanction
of limit were
were deposited in favour of Sh.
Surender Kumar by way of equitable mortgage deeds, who, thereafter,
leased it in favour of the respondent in lieu ... lakhs by way of another
Equitable Mortgage Deed dated 12th March 2002, wherein, Mr. Amarnath
Gupta, the alleged original seller of the properties in question
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
loan availed by the
defendants, thereby the 2nd defendant has executed
equitable mortgage of the said property which is more fully
described in the schedule ... said amount with interest @ 24% p.a. and also
executed the equitable mortgage of the schedule property as
a security of the said amount
said amount had advised the respondent/complainant to create equitable mortgage at Adarshanagar branch, Hubli through their letter dated 4-2-1991 by depositing original ... house, but this respondent had not came forward to create equitable mortgage. Anyhow with the assistance of the employees' union, the complainant/respondent influenced
Writ Petition. Respondent Nos.4 to 8 have created
equitable mortgage of residential Flat No. 182, 18th Floor, along with
Garage No.27 at Abhilasha
there has been a finding on date
of creation of the equitable mortgage for the
consequent finding that it was later."
4. Mr. Panigrahy ... hands up documents to demonstrate that
equitable mortgage created by the borrower was on 29th March, 2016
duly registered. He relies on several judgments including
Purusothaman,
dated 30.11.2003 is Ex.P28. The particulars of Equitable Mortgage created by
K.S. Purusothaman in favour of the bank is entered ... acknowledgement is Ex.P38. The page
No.28 of the Equitable Mortgage register of the bank signed
Purusothaman,
dated 30.11.2003 is Ex.P28. The particulars of Equitable Mortgage created by
K.S. Purusothaman in favour of the bank is entered ... acknowledgement is Ex.P38. The page
No.28 of the Equitable Mortgage register of the bank signed
which narrates the trade advance against
stock and equitable mortgage of the third party sanctioned by A-1 not in tune with
the bank guidelines ... instructed A-1 to obtain originals from the party and create equitable mortgage.
Whereas, A-2 did not produce the original documents such as mortgage