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Supreme Court of India

The Cosmos Co. Operative Bank Ltd. v. Central Bank of India & Ors.

Neutral citation
Reported as [2025] 2 S.C.R. 1091
Bench J.B. Pardiwala and R. Mahadevan JJ.
Decided 4 February 2025

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid, we have reached the conclusion that the impugned order passed by the High Court is not correct and it deserves to be set aside.

Judgment, page 51

From the headnote

Issue for Consideration 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 Ltd.) or the Respondent No.1 (Central Bank of India). Headnotes† 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 against third parties as far as possible in

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