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#1 Can A Tenant/ Third Party Challenge Action Under SARFAESI?

Can A Tenant/ Third Party Challenge Action Under SARFAESI?

Read detailed DRT legal questions and professional answers provided by experienced DRT lawyers to help users understand banking disputes, SARFAESI matters, debt recovery procedures, and legal remedies.

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Expert Answer
Q

Question:

Can a tenant/ third party challenge action under SARFAESI?

A

Answer:

Yes, if he or she can prove to be aggrieved by the action of the secured creditor. Section 17 refers to “any person” and Section 17(4A) specifically empowers DRT to adjudicate upon certain tenancy/ leasehold claims relating to the secured asset.

By Advocate BK Singh Supreme Court | High Court | Tribunals