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Sarfaesi act tenant eviction

Page no : 2

saroja (nothing)     09 July 2013

But in M/s Transcore case, SC says-the dichotomy between symbolic and physical possession does not find place in the Act

c.p.s. ramachary (1500)     10 July 2013


Taking symbolic possession is different from taking pysical possession. Yes there is no such distinction that finds place in the Act. Therefore, secured creditor can also sell the secured asset(s) based on symbolic possession. Symbolic possession does not mean symbolic dispossessin. Symbolic dispossession is not known to law. 

Vijyant Nigam (09807349001) (Advocate)     14 July 2013

i too agree with mr. ramachary.

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