https://www.taxtmi.com/caselaws?id=332504 Where only leasehold rights are mortgaged, enforcement under the SARFAESI Act does not displace the public authority's separate power under the Public Premises Act to terminate the lease and act against unauthorized occupation. The two statutes operate in different fields: SARFAESI addresses recovery of secured debt, while the Public Premises Act governs eviction from public premises and incidental dues. The validity of lease termination and unauthorized occupation is to be examined under the Public Premises Act, not by the DRT under SARFAESI. A writ challenge to a mere show cause notice is ordinarily premature where no final adverse order has been passed; the notices were therefore not amenable to interference. en-us Wed, 24 Aug 2016 00:00:00 +0530 Thu, 29 Dec 2016 18:25:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=332504 Where only leasehold rights are mortgaged, enforcement under the SARFAESI Act does not displace the public authority's separate power under the Public Premises Act to terminate the lease and act against unauthorized occupation. The two statutes operate in different fields: SARFAESI addresses recovery of secured debt, while the Public Premises Act governs eviction from public premises and incidental dues. The validity of lease termination and unauthorized occupation is to be examined under the Public Premises Act, not by the DRT under SARFAESI. A writ challenge to a mere show cause notice is ordinarily premature where no final adverse order has been passed; the notices were therefore not amenable to interference. Case-Laws Indian Laws Wed, 24 Aug 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=332504