Supreme Court · 2014 INSC 955 · Decided 3 April 2014

Harshad Govardhan Sondagar v. International Assets Reconstruction CO. LTD.

Court
Supreme Court of India
Citation
2014 INSC 955 · [2014] 11 S.C.R. 605
Case number
CRIMINAL APPEAL No. 736/2014
Decided
3 April 2014
Bench
A.K. PATNAIK, V. GOPALA GOWDA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
Constitution Article 300A; Transfer of Property Act Section 65A(2), 65A, 111; SARFAESI Act Section 13, 14

Headnote

A B Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - ss. 13, 14 and C 17 - Proceedings under the Act - By the secured creditor against the borrower - The secured assets consisting of premises leased out by the borrower and of the lessees - Whether the Act would affect the /ease - Held: So long as the mortgage deed does not prohibit a mortgagor D from making a /ease of the mortgaged property and so Jong as the lease satisfies the requirements of s. 65A(2) of T.P. Act, a /ease made by borrower as a mortgagor is

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