Supreme Court · 2025 INSC 243 · Decided 4 February 2025
The Cosmos CO. Operative Bank LTD. v. Central Bank of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2025 INSC 243 · [2025] 2 S.C.R. 1091
- Case number
- CIVIL APPEAL No. 1565/2025
- Decided
- 4 February 2025
- Bench
- J.B. PARDIWALA, R MAHADEVAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 100, 58
Headnote
Whether 'equitable mortgages' are recognized in India under the nomenclature of 'charge' in terms of Section 100 of the Transfer of Property Act, 1882 (TPA); Who holds a valid mortgage over the property-the Appellant (Cosmos Co. Operative Bank Bank of India). Transfer of Property Act, 1882 - Sections 58, 100 - Equitable mortgage - Equitable mortgages are recognized in India as a 'charge' under Section 100 of the TPA - Charge created by equitable mortgage will be enforceable
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