Civil Law
Mode of Citation- ILC-2018-SC-CIVIL-....
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Civil Law
Mode of Citation- ILC-2018-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2016-SC-CIVIL-Feb-28

Indian Bank Vs. M/s Nippon Enterprises South & Ors.

Head Note

Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002  - Section 13 , Section 14 , Section 35

SARFAESI - Tenanted Premises - Secured creditor - Whether the appellant, who has been successful in the SARFAESI proceedings against the owner of the secured assets, automatically can have the same say as against the tenant in the premises - Held that once tenancy is created, a tenant can be evicted only after following the due process of law, as prescribed under the provisions of the Rent Control Act - A tenant cannot be arbitrarily evicted by using the provisions of the SARFAESI Act as that would amount to stultifying the statutory rights of protection given to the tenant.

Topic(s)-SARFAESI - Tenanted Premises - Tenant can be evicted only as per due process of law







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