Supreme Court of India · 2016-01-20
Vishal N Kalsaria vs Bank Of India & Ors
- Citation / case number
- AIR 2016 SUPREME COURT 530
- Court
- Supreme Court of India
- Petitioner
- Vishal N Kalsaria
- Respondent
- Bank Of India & Ors
- Author
- V. Gopala Gowda
- Bench
- Amitava Roy, V. Gopala Gowda
Judgment text excerpt
The Supreme Court addressed whether a 'protected tenant' under The Maharashtra Rent Control Act, 1999 can be classified as a lessee and whether the provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) supersede those of the Rent Control Act. The Court held that the rights of a protected tenant must be preserved even when the landlord secures a loan against the property, emphasizing the need to balance tenant rights with creditor interests. The appeals were allowed, affirming the importance of tenant protections in the context of financial transactions involving secured interests.