https://www.taxtmi.com/caselaws?id=772061 A later mortgage executed in breach of an earlier mortgage covenant and without effective prior consent may be treated as void or voidable against the prior charge holder, supporting interlocutory protection and deposit of the impugned deeds. The Court applied the rule that contractual documents must be read as a whole, with ambiguity construed against the grantor, and held that the challenged transaction could not be insulated as a valid second charge on the disclosed facts. It also rejected the contention that insolvency law displaced the suit, noting that the dispute concerned the validity of the mortgage instruments and no admitted insolvency proceedings had ousted jurisdiction on the record. en-us Tue, 06 May 2025 00:00:00 +0530 Wed, 04 Jun 2025 08:40:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=772061 A later mortgage executed in breach of an earlier mortgage covenant and without effective prior consent may be treated as void or voidable against the prior charge holder, supporting interlocutory protection and deposit of the impugned deeds. The Court applied the rule that contractual documents must be read as a whole, with ambiguity construed against the grantor, and held that the challenged transaction could not be insulated as a valid second charge on the disclosed facts. It also rejected the contention that insolvency law displaced the suit, noting that the dispute concerned the validity of the mortgage instruments and no admitted insolvency proceedings had ousted jurisdiction on the record. Case-Laws Indian Laws Tue, 06 May 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=772061