Supreme Court of India · 2022-09-26
BALKRISHNA RAMA TARLE DEAD THROUGH LRS vs PHOENIX ARC PRIVATE LIMITED
- Citation / case number
- SC 2022/26932
- Court
- Supreme Court of India
- Petitioner
- BALKRISHNA RAMA TARLE DEAD THROUGH LRS
- Respondent
- PHOENIX ARC PRIVATE LIMITED
- Author
- HON'BLE MR. JUSTICE M.R. SHAH
- Bench
- HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE M.R. SHAH
Judgment text excerpt
The Supreme Court addressed the appeal against the Bombay High Court's decision to set aside an order under the SARFAESI Act, which had implications for the rights of tenants in mortgaged properties. The court emphasized the need for the designated authority to reconsider the application afresh, ensuring that the legal heirs of the original mortgagor are given due consideration. The outcome reinstates the authority's obligation to evaluate the tenant's claims in the context of the secured creditor's rights.