https://www.taxtmi.com/caselaws?id=331759 A tenancy asserted to resist SARFAESI enforcement must be shown by contemporaneous and credible proof to be genuine, bona fide, and enforceable against the secured creditor. On the facts, the petitioners failed to establish a lawful continuing tenancy: the supporting documents were limited, the consent decree was treated as collusive, and the claim appeared to be an afterthought inconsistent with their own version of payment of rent and outgoings. The protection available to bona fide tenants was therefore held inapplicable, and the orders permitting possession under the SARFAESI Act were upheld. The writ petition and request for interim protection were rejected. en-us Thu, 28 Jul 2016 00:00:00 +0530 Thu, 01 Sep 2016 14:07:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=331759 A tenancy asserted to resist SARFAESI enforcement must be shown by contemporaneous and credible proof to be genuine, bona fide, and enforceable against the secured creditor. On the facts, the petitioners failed to establish a lawful continuing tenancy: the supporting documents were limited, the consent decree was treated as collusive, and the claim appeared to be an afterthought inconsistent with their own version of payment of rent and outgoings. The protection available to bona fide tenants was therefore held inapplicable, and the orders permitting possession under the SARFAESI Act were upheld. The writ petition and request for interim protection were rejected. Case-Laws Indian Laws Thu, 28 Jul 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=331759