Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Sunday, 08 November 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2016-02-17 dismissed

Indian Bank vs Nippon Enterprises South & Ors

Bench: 2 — Kurian

In Brief

In this case, the Supreme Court considered whether a bank that successfully pursued recovery proceedings under the SARFAESI Act against an asset owner could also evict a tenant occupying the secured premises without following prescribed eviction procedures. The Court held that tenants enjoy statutory protections under the Rent Control Act and cannot be arbitrarily evicted through SARFAESI proceedings. Once a tenancy is created, eviction must follow the due legal process prescribed under rental laws. The Court dismissed the bank's appeals but clarified this did not prevent it from pursuing other lawful remedies.

The lawyer headnote and full judgment text are available to registered users.

Banking Law SARFAESI Tenant Rights Rent Control Secured Assets Eviction

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login