India: Charges, Mortgages, Indemnities

The intersection of supply chain financing and insolvency law has increasingly become a fertile ground for jurisprudential debate, particularly concerning the classification of creditors and the validity...

The Debt Recovery Appellate Tribunal at Chennai, in its judgment dated 27 April 2026, delivered a significant ruling on the evidentiary burden required to establish a valid mortgage by deposit of title deeds...

The National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”), In the case of Vistra ITCL (India) Limited vs. Vithal Madhukar Dahake and Ors.1, has considered whether a third-party mortgagor, which created security over its assets for the debt of another entity, could be treated as giving rise to a ‘financial debt’ under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The appeal arose from an order of the National Company Law Tribunal, Mumbai (“NCLT”).

In a judgment dated 12 November 2025, the Supreme Court of India clarified the law governing redemption of usufructuary mortgages and the applicability of limitation in Dalip...

The Real Estate (Regulation and Development) Act, 2016 (RERA), was enacted as a broad safeguard for India's purchasers, a group of consumers that has historically been exposed to the opaque and unaccountable...

On 6 October 2025, NCLAT's Principal Bench, New Delhi, delivered a terse but telling reminder that the CIRP under the Insolvency & Bankruptcy Code, 2016 is triggered by default, not the degree of disbursement or the robustness of security.

The Reserve Bank of India (RBI) has released a draft circular on ‘Responsible Lending Conduct – Levy of Foreclosure Charges/ Pre-payment Penalties on Loans' proposing...

The case involved a dispute between Cosmos Co-Operative Bank Limited and Central Bank of India over the priority of mortgage rights on a property offered as security...

A flawed title could adversely impact the validity and enforcement of security. For instance, proceedings under the