Mortgage topic

Querist : Anonymous (Querist) 23 February 2020 This query is : Resolved
Mr. Karimlala being the managing partner of a firm namely “GOLMAL” mortgaged a property in favour of the bank and deposited the partnership agreement, encumbrance certificate, and certified copy of the registered sale deed along with a letter informing the bank that the original sale deed was lost by one Dahood who was one of the partner of their firm. The bank failed to make relevant enquiries.

Mr. Dahood subsequently created an equitable mortgage on the same property in favour of Mr. Abusalem and delivered the original sale deed of the property to him. Mr Dahood had also informed Mr. Abusalem about the existing mortgage with the Bank.

Mr. Dahood failed to repay the money taken by Abusalem.

And Mr. Karimlala failed to pay the money to the bank.

The Bank has filed a suit against Mr. Karimlala and seeked for attachment of the property.

In the same suit Mr. Abusalem has impleaded as one of the defendant and counterclaiming the property against the Bank. Argue.

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Raj Kumar Makkad (Expert) 23 February 2020
Why to argue without having actual case and Vakalath of a particular party at our own terms and conditions? You being a student prepare it from all angles.

Dr J C Vashista (Expert) 25 February 2020
Moot Court topic should be questioned with your tutor.

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