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february 2016

Supreme Court of India · 2016-02-17

INDIAN BANK vs M/S NIPPON ENTERPRISES SOUTH .

Citation / case number
SC 2011/15072
Court
Supreme Court of India
Petitioner
INDIAN BANK
Respondent
M/S NIPPON ENTERPRISES SOUTH .
Author
KURIAN
Bench
ROHINTON FALI NARIMAN KURIAN JOSEPH

Judgment text excerpt

The Supreme Court held that a successful party in SARFAESI proceedings cannot evict a tenant without following the due process of law as prescribed under the Rent Control Act. The Court reaffirmed the principle established in 'Vishal N. Kalsaria Vs. Bank of India', emphasizing that tenants have statutory rights that protect them from arbitrary eviction. Consequently, the appeals were dismissed, allowing the appellant-Bank to seek remedies under other laws for tenant eviction.

INDIAN BANK vs M/S NIPPON ENTERPRISES SOUTH . · Niyam