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ARTICLE · 28 MARCH 2025

HSA | Dispute Resolution & Arbitration Monthly Update | March 2025

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The Supreme Court's judgment in the case, The Cosmos Co. Operative Bank vs. Central Bank of India & Ors, highlights important legal principles about the different kinds of mortgages in Indian Law.

IndiaLitigation, Mediation & Arbitration
Pragya Ohri
Pragya Ohri
Faranaaz G. Karbhari
Faranaaz G. Karbhari
Himani Singh Sood
Himani Singh Sood
Kanika Kumar
Kanika Kumar
Khushboo Rupani
Khushboo Rupani
Akriti Shikha
Akriti Shikha
Sharan Shetty
Sharan Shetty
Shray Mehta
Shray Mehta
Devam Singh
Devam Singh
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The Cosmos Co. Operative Bank Ltd. vs. Central Bank of India & Ors. (Civil Appeal No. 1565 of 2025)

2025 SCC OnLine SC 352

Introduction

  • The Supreme Court's judgment in the case, The Cosmos Co. Operative Bank vs. Central Bank of India & Ors, highlights important legal principles about the different kinds of mortgages in Indian Law. It particularly sheds light on the legal mortgage and equitable mortgage about the Transfer of Property Act, 1882 (hereinafter referred to as "TP Act"), and the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer Act, 1963 (hereinafter referred to as "MOFA Act"). A division bench of the Supreme Court, comprising Justice J.B. Pardiwala and Justice R. Mahadevan, meticulously established the concept of Equitable Mortgage in India, its nature, rights flowing from it, and differences between English and Indian Law in this regard. The judgment effectively elucidates that

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