VidhiSangh

Supreme Court of India · 15/07/2025

PNB HOUSING FINANCE LIMITED versus SH. MANOJ SAHA & ANR

[2025] 7 S.C.R. 1041 · 2025 INSC 847

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Summary

The High Court should not have entertained an Article 227 petition by a person claiming tenancy of a secured asset when an appeal lay under Section 18 of the SARFAESI Act; Harshad Govardhan Sondagar's observations about the absence of a remedy for tenants belong to the pre-2016 regime. On merits, the claimant produced no rent, tax or electricity receipts showing occupation before the Section 13(2) demand notice and had stayed silent through symbolic and physical possession, so a mandatory order restoring possession was unjustified.

Issues

  1. Whether the High Court could entertain an Article 227 petition against a DRT order refusing interim relief to an alleged tenant, despite the appellate remedy under Section 18 of the SARFAESI Act.
  2. Whether the alleged tenant had established a pre-existing tenancy of the secured asset sufficient to justify a mandatory order restoring possession taken under Section 13(4) read with Section 14 of the SARFAESI Act.
  3. Whether the ratio of Bajarang Shyamsunder Agarwal on tenancies under rent laws vis-a-vis the SARFAESI Act runs counter to the Constitution Bench in V. Dhanapal Chettiar (left open).

Provisions considered

Held

Result

Appeal allowed; High Court order set aside; status quo in respect of the secured asset directed till disposal of the securitisation application, which the DRT is to decide within two months of communication of the order without unnecessary adjournments.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 1041.