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Seshagiri
Wrote on 24 April 2014  

How about cases where the mortgager sold the property in the regular course of business under Sec 65A of the transfer of property act. If a Lessee can be protected,the case of the owner should be stronger.The learned counsel Mr.Sundaram also relied on Article 300A of the Constitution in addition to giving clarity on ss 13 of sec 13 of SARFAESI Act. Can the protection be extended to an owner who bought the property in good faith? The Financial Institution did nothing to bring the mortgage to the notice of prospective purchasers and there was nothing in the mortgage deed preventing alienations without the lenders consent. Que No 2 - Has the judgement been referred to a larger bench? Why? What are chances of the larger bench confirming the order passed by the two honorable judges based on the merits of the case? Experts opinion solicited.Thanks.


Seshagiri
Wrote on 24 April 2014  

How about cases where the mortgager sold the property in the regular course of business under Sec 65A of the transfer of property act. If a Lessee can be protected,the case of the owner should be stronger.The learned counsel Mr.Sundaram also relied on Article 300A of the Constitution in addition to giving clarity on ss 13 of sec 13 of SARFAESI Act. Can the protection be extended to an owner who bought the property in good faith? The Financial Institution did nothing to bring the mortgage to the notice of prospective purchasers and there was nothing in the mortgage deed preventing alienations without the lenders consent. Que No 2 - Has the judgement been referred to a larger bench? Why? What are chances of the larger bench confirming the order passed by the two honorable judges based on the merits of the case? Experts opinion solicited.Thanks.


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