my opinion on your queries are as under:
1.Whether section 14 is a due process of Law or merely a procedure established by Law?
Opinion: section 14 is merely a procedure established by law and nothing more.
2. Can a Tenant/occupant be evicted under section 14 without prefering suit/proceedings for eviction in a civil court?
Opinion: no, tenant can not be evicted u/s 14 of SARFAESI ACT but tenant can be evicted by due procedure of law and the due procedure of law is, file a eviction suit before rent controller and get eviction order. otherwise not.
3. As the Bank does not step into the shoe of the Landlord / mortgagor, can it maintain a suit for eviction against the tenant? if not, is the Bank driven to sell the propety on "As is where is Basis" so that the Purchaser steps into the shoe of the Landlord to maintain eviction case.
Opinion: yes, the bank can sell the property as is where is basis and purchaser steps into the shoe of the original landlord.
4. Against the order of CMM [under section 14]: What is the remedy for the Tenant? Can he invoke the Writ jurisdiction or approach DRT or Civil court for stay?
Opinion: CMM order can not be challenged before any court.
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