Subsequent mortgage deeds executed without prior consent violate existing agreements and are voidable under the law, confirming the exclusive rights of the initial charge holder.

JUDGMENT :

M.S. KARNIK, J.

1. The Respondent No.1-original Plantiff - J.C. Flowers Asset Reconstruction Pvt. Ltd. ("J.C. Flowers" for short) filed a Commercial Suit in this Court for a declaration that J.C. Flowers is the exclusive charge holder/mortgagee with regard to the suit property. A further declaration is sought that the deeds of simple mortgage dated 30^th July 2018 in favour of Appellant - Omkara Asset Reconstruction Pvt. Ltd. - original defendant No.5 are void and illegal and for taking all necessary steps to cancel the deeds of simple mortgage dated 30^th July 2018. In the suit J.C. Flowers prayed for a direction to Respondent No.4 - Piramal Capital and Housing Finance Limited ("Piramal Capital" for short) – original defendant No.1 to deposit the mortgage deeds with the Trial Court. Further, a direction was sought to Piramal Capital to disclose on oath, any rights created in favour of third parties in respect of the suit property. The directions were also sought from Respondent No.2 - Sumer Radius Realty Private Limited ("Sumer Radius" for short)- original defendant No.2 and Respondent No.3 - Sumer Buildcorp Private Limited ("Sumer Buildcorp" for short) - original defendant No.3 to disclose on oath third party rights created in the Suit property. An injunction is sought against Omkara Asset Reconstruction Pvt. Ltd. ("Omkara Asset" for short) and Piramal Capital from acting on or relying on the subject mortgage deeds. Further, directions to Respondent No.2 - Sumer Radius and Piramal Capital are sought to disclose on oath amounts received out of receivables from the Suit property.

2. The property comprises of land parcels at Santacruz and at Bandra village known as 'Ghia Compound' described at Exhibit-A to the Suit.

3. The learned Single Judge by the impugned order dated 12^th February 2025 granted the following interim reliefs :-

“(i) The Interim Application (L) No. 18666 of 2022 is allowed in terms of prayer clauses (a) and (d) which read thus, viz.

a) Pending the present Suit, this Hon'ble Court be pleased to order and direct Defendant No. 1 and Defendant No.5 to deposit Registered Deeds of simple Mortgage dated 30 July 2018 (Exhibits “B” and “C”) in respect of Suit Properties with Prothonotary and Senior Master of this Hon'ble Court:

d) Pending the present Suit, this Hon'ble Court be pleased to order and direct injunction on Defendant No. 1 and Defendant No.5 and their respective agents, servants, officers or any person or persons claiming by, through or under each or any one of them from in any manner acting on or relying upon the Deeds of Simple Mortgage dated 30th July 2018 (Exhibit B and C) in respect of Suit properties without obtaining consent of the Applicant;

(ii) It is made clear that this Order is passed only in facts of the present case and it shall be operative only against parties to the present Suit.

(iii) It is made clear that the obse