receiving the payment, the first respondent executed a
Letter of Subrogation-cum-Special Power of Attorney in
favour of the second respondent on 15.2.1996. Thereafter ... insurer as subrogee was the co-complainant
in view of the statutory subrogation in its favour on
settlement of the claim and the letter
case here. In the present case, the
insurance company is entitled to subrogation in accordance
with the provisions of s. 79 of the Marine Insurance ... respondent proceeded on the
basis that the insurance company was only subrogated to the
rights of the assured, and the letter of subrogation
contains intrinsic
himself and his co-mortgagor, was, in equity, entitled to be
subrogated to the rights of the mortgagee redeemed and to
treat the non-redeeming ... surety had discharged
the entire mortgage debt, he was entitled to be subrogated
to the securities held by the creditor, to the extent of
getting
respondent on 01.11.2010.
On 11.03.2011 the respondent signed a detailed letter of subrogation which
was on a stamp paper, accepting ... that took place in IOC Terminal on 29-10-2009, we hereby subrogate our
rights on behalf of M/S Genus Power Infrastructures Limited Jaipur
that the property being subject to mortgage and
defendant No.1 having subrogated himself in place of original
mortgagee, the suit filed by the plaintiff ... have
conceded, is applicable to the present case. It provides :
"92. Subrogation. Any of the persons
referred to in s 91 (other than
issues in this appeal, namely, whether
the first respondent insurance company was subrogated to the
rights of the second respondent consignor in respect ... second
respondent executed in favour of the first respondent, a
Letter of Subrogation on 15th June, 1992. It stated :
In consideration of your paying
second place, that upon the admitted facts, the principle of subrogation has no possible application. In our opinion, the argument advanced on behalf ... contention, in substance, is two-fold, namely, first, that the doctrine of subrogation entitles a person to the benefit of a mortgage in favour
second place, that upon the admitted facts, the principle of subrogation has no possible application. In our opinion, the argument advanced on behalf ... contention, in substance, is two-fold, namely, first, that the doctrine of subrogation entitles a person to the benefit of a mortgage in favour
appellant by discharging the mortgage debt by his loan had subrogated himself to the rights of the decree-holder in Suit ... learned Subordinate Judge relied on the equitable doctrine of subrogation enunciated in the well-known decision of Butter v. Rice
vested in him; secondly, even
viewing the question as one of legal subrogation, he was
entitled, under the principles of justice, equity and good
conscience ... denied
that Ganeshi Lal who redeemed the prior mortgage is
subrogated to the mortgagee's rights, but the controversy is
about the extent
