Provisions of SARFAESI Act 2002, does not override provisions of Rent Control Act - Banks cannot arbitrarily evict tenants residing in said tenanted premises by using provisions under SARFAESI Act - tenant can be evicted only after following the due process of law, as prescribed under the provisions of the Rent Control Act.

Citation

AIR 2016 SUPREME COURT 530

SUPREME COURT

(From : Bombay)

V. GOPALA GOWDA , J. and AMITAVA ROY , J.

Criminal Appeal No. 52 of 2016 with 53 to 59, 62, 63, 64 of 2016, (Arising out of SLP Cri.) No.8060 with 8064, 8063, 8062, 8066, 8067, 8068, 8069, 6944 and 6945 of 2015) with CriminalAppeal No. 753, 754 of 2014 with Civil Appeal No. 414-415, 469, 417, 419, 420, 421, 422 of 2016 (Arising out of SLP (C) No. 13295-13296, 25133, 28040, 28446, 28300, 12772 and 31080 of

2015), D/- 20 - 1 - 2016

Vishal N. Kalsaria v. Bank of India and Ors.

(A)Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (54 of 2002), S.13, S.14, S.35 - Maharashtra Rent Control Act (18 of 2000), S.33 - Enforcement of security interest - Recovery of Secured asset - Provisions of SARFAESI Act

2002, does not override provisions of Rent Control Act - Tenanted premises offered as collateral securities for loans by defaulter lardlord - Banks cannot arbitrarily evict tenants residing in said tenanted premises by using provisions under SARFAESI Act - Non obstanate clause in S.

35 of 2002 Act - Cannot be used to deny statutory rights vested in tenants under Rent Control Act. M. A. No. 123 of 2011, D/- 29-11-2014 (Bom), Reversed.