Mortgagor can file suits for redemption as long as the mortgage subsists, Says SC

The Supreme Court ruled last week that a mortgagor can file suits for redemption so long as the mortgage subsists. Dismissal of an earlier suit for redemption would not bar the mortgagor from filing a second such suit, the court held in the case, L K Trust vs EDC Ltd. In this case, Falcon Retreat Ltd took a loan from the Goa Government-owned investment company, EDC Ltd by mortgaging its property for a hotel project. It also took loans from State Bank of India. Though 80 per cent of the project was completed, due to global recession, the company could not repay the loan. EDC then took steps to ...