Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: ss. 14, 13(2) and 13(13) – Taking of possession of secured asset by the secured creditor – Tenant restraining from taking possession of the secured asset – Protection of tenant from eviction, in case of default by borrower and the landlord – On facts, grant of financial facility to borrowers by the respondent Bank – Credit facility secured by way of mortgage of property-secured asset in favour of the Bank – Accounts of borrower declared as non-performing assets – Issuance of notice u/s. 13(2) by the Bank to the borrower – Appellant’s case that he is the tenant of the secured asset on a monthly rent since inception of tenancy – Petition u/s. 14 by the Bank – Intervention application by appellant-tenant seeking protection of possession of the secured asset – Dismissed by magistrate holding that no registered tenancy placed on record – On appeal, Held: Neither registered instrument produced nor any good or sufficient evidence adduced to establish the factum of tenancy – Xerox copies of rent receipts were produced however, the first xerox copy of rent receipt itself was of the date which is after the creation of mortgage – No claim by the borrowers that any tenant is staying at the Secured Asset – Also third-party valuers confirmed that the borrowers were staying at the Secured Asset – Furthermore, according to the appellant, he is tenant-in- sufference, thus, not entitled to any protection of the Rent Act – Even if tenancy is claimed to be renewed in terms of s. 13(13), consent of secured creditor was required which was not sought – Thus, the Magistrate rightly dismissed the application. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2021 INSC 408 |
Petitioner | Hemraj Ratnakar Salian |
Respondent | Hdfc Bank Ltd. & Ors. |
SCR | [2021] 8 S.C.R. 529 |
Judgement Date | 2021-08-17 |
Case Number | 843-844 |
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