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september 2022

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.

BALKRISHNA RAMA TARLE DEAD THROUGH LRS vs PHOENIX ARC PRIVATE LIMITED · Niyam