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september 2022

Supreme Court of India · 2022-09-26

Balkrishna Rama Tarle Dead Through Lrs vs Phoenix Arc Private Limited

Court
Supreme Court of India
Petitioner
Balkrishna Rama Tarle Dead Through Lrs
Respondent
Phoenix Arc Private Limited
Author
M.R. Shah
Bench
Krishna Murari, M.R. Shah

Judgment text excerpt

The Supreme Court addressed the appeal against the Bombay High Court's decision which set aside the order of the designated authority under the SARFAESI Act, directing a fresh disposal of the application. The court examined the rights of the legal heirs of the original tenant in relation to the mortgaged property and the implications of the SARFAESI Act on such claims. Ultimately, the court upheld the High Court's order, emphasizing the need for a proper examination of the tenant's rights in the context of secured creditor interests.

Balkrishna Rama Tarle Dead Through Lrs vs Phoenix Arc Private Limited · Niyam