India: Charges, Mortgages, Indemnities

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”).

The Bombay High Court's decision in Aditya Birla Housing Finance Ltd. v. Axis Bank Ltd. examines whether statutory arbitration under Section 11 of the SARFAESI Act can be invoked between an existing secured creditor and a financial...

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.

In a recent judgment, the Supreme Court of India in M/s Godwin Construction Pvt. Ltd. v. Commissioner, Meerut Division & Anr. addressed an important issue concerning the correct classification of instruments for the purpose of stamp duty under the Indian Stamp Act, 1899.

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

What international aviation conventions has your jurisdiction signed and/or ratified?