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january 2016

Supreme Court of India · 2016-01-20

VISHAL N KALSARIA vs BANK OF INDIA .

Citation / case number
SC 2015/29832
Court
Supreme Court of India
Petitioner
VISHAL N KALSARIA
Respondent
BANK OF INDIA .
Author
AMITAVA ROY 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 if the provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) supersede the Rent Control Act. The Court held that the rights of a protected tenant must be preserved even when the landlord offers the property as security for a loan, establishing that the SARFAESI Act does not override the protections afforded to protected tenants under the Rent Control Act.

VISHAL N KALSARIA vs BANK OF INDIA . · Niyam