Whether ‘SARFAESI Act'will override provisions of Rent Control Act?
the legal submissions made on behalf of the Banks to
hold that the provisions of SARFAESI Act override the
provisions of the various Rent Control Acts to allow a
Bank to evict a tenant from the tenanted premise, which
has become a secured asset of the Bank after the
default on loan by the landlord and dispense with the
procedure laid down under the provisions of the various
Rent Control Acts and the law laid down by this Court
in catena of cases, then the legislative powers of the
state legislatures are denuded which would amount to
subverting the law enacted by the State Legislature.
Surely, such a situation was not contemplated by the
Parliament while enacting the SARFAESI Act and
therefore the interpretation sought to be made by the
learned counsel appearing on behalf of the Banks cannot
be accepted by this Court as the same is wholly
untenable in law.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL/CIVIL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 52 OF 2016
(Arising out of SLP (Crl.) No.8060 of 2015)
VISHAL N. KALSARIA ………APPELLANT
Vs.
BANK OF INDIA & ORS. ………RESPONDENTS
Dated;January 20,2016
https://www.lawweb.in/2016/01/whether-sarfaesi-actwill-override.html
