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.