https://www.taxtmi.com/caselaws?id=799260 Security interest under the Insolvency and Bankruptcy Code must arise from a consensual agreement or arrangement, rather than solely from a statutory charge. The 2026 Explanation to the definition of security interest is clarificatory and retrospectively applicable. A lease clause granting priority over unearned increase only upon mortgage sale or foreclosure does not create a present general charge over lease premium, rent, or arrears. Statutory recovery of arrears as land revenue is a recovery mechanism, not a consensual charge; the resulting claims remain unsecured statutory or operational dues. en-us Wed, 16 Sep 2026 00:00:00 +0530 Sat, 19 Sep 2026 08:20:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=799260 Security interest under the Insolvency and Bankruptcy Code must arise from a consensual agreement or arrangement, rather than solely from a statutory charge. The 2026 Explanation to the definition of security interest is clarificatory and retrospectively applicable. A lease clause granting priority over unearned increase only upon mortgage sale or foreclosure does not create a present general charge over lease premium, rent, or arrears. Statutory recovery of arrears as land revenue is a recovery mechanism, not a consensual charge; the resulting claims remain unsecured statutory or operational dues. Case-Laws IBC Wed, 16 Sep 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=799260