Showing posts with label oral tenancy. Show all posts
Showing posts with label oral tenancy. Show all posts

Thursday, 13 May 2021

Whether tenant pleading oral tenancy can get protection under SARFAESI Act?

  Thus, even if we keep aside the contentions on the cause of action, it is very evident that no tenant pleading oral tenancy could get the protection from the provisions of the Securitisation Act. Besides that, as we have noted, Section 34 is emphatic in its declaration that Civil Court shall have no jurisdiction over any matter which the Debts Recovery Tribunal or the Appellate Tribunal is empowered under this Act to determine. And, last, none of the reliefs the petitioner has sought is amenable to an ordinary civil court’s jurisdiction.{Para 58}


IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO.15 OF 2019

Modinasab Indikar V/s  Board of Directors of Indian Overseas Bank, 

Coram:- DAMA SESHADRI NAIDU, J.

Date:- 14th February 2020

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