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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)