couched in mandatory and not permissive language. While such presumption is rebuttable and not conclusive, it would operate until the contrary is proved. In the face of such statutory presumption, the applicants have a herculean task. Although the Court's power to grant interlocutory relief in exercise of equitable jurisdiction is expansive, at a minimum, the existence of a statutory presumption entails setting a high threshold for interference. For instance, there could potentially be a case for interference if there is strong prima facie evidence that the liability was otherwise discharged after the relevant negotiable instrument was issued. Towards such end, the documentary evidence should be examined prima facie. In the case at hand, both the mortgage deeds are on record. The second mortgage deed indicates that a sum of Rs.415.50 lakhs was advanced by the mortgagees to the mortgagor. As prima facie evidence thereof, the respondents have placed the statements of account of 11 persons indicating that such persons paid a sum of Rs.415.50 lakhs to the first or second applicant. Given the fact that all these payments were made through bank channels, prima facie , it appears that the second mortgage deed was supported by consideration. There also does not appear to be evidence of repayment of these amounts. Consequently, it cannot be concluded prima
