https://www.taxtmi.com/caselaws?id=257305 Winding up proceedings are not suitable for resolving a genuinely disputed debt where the defence raises real factual controversies, such as vacation date, continued possession, rent liability, and adjustment of deposits or advance rent; those matters require evidence and belong before a civil forum. Section 13(13) of the SARFAESI Act protects the secured creditor's interest in the secured asset, but it does not permit a tenant in possession to remain without paying rent or use and occupation charges. Any allocation of payment as between the bank and the mortgagor does not relieve the tenant of that liability. en-us Thu, 20 Nov 2014 00:00:00 +0530 Mon, 09 Mar 2015 15:05:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=257305 Winding up proceedings are not suitable for resolving a genuinely disputed debt where the defence raises real factual controversies, such as vacation date, continued possession, rent liability, and adjustment of deposits or advance rent; those matters require evidence and belong before a civil forum. Section 13(13) of the SARFAESI Act protects the secured creditor's interest in the secured asset, but it does not permit a tenant in possession to remain without paying rent or use and occupation charges. Any allocation of payment as between the bank and the mortgagor does not relieve the tenant of that liability. Case-Laws Companies Law Thu, 20 Nov 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=257305