https://www.taxtmi.com/caselaws?id=799203 Mortgagee banks that know of pending benami adjudication may seek to be added before the Adjudicating Authority; recorded service and absence of prejudice undermine a claim of denied notice or hearing. Benami attachment serves confiscation rather than debt recovery, so a secured creditor's SARFAESI priority does not displace an attachment confirmed over benami property. A mortgage created to defeat confiscation is void, as creditor priority over such property could facilitate evasion through subsequent security interests. The bank must first enforce other securities supplied by the borrower and guarantors and may use the statutory claims mechanism for unrecovered dues. en-us Thu, 10 Sep 2026 00:00:00 +0530 Fri, 18 Sep 2026 07:32:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=799203 Mortgagee banks that know of pending benami adjudication may seek to be added before the Adjudicating Authority; recorded service and absence of prejudice undermine a claim of denied notice or hearing. Benami attachment serves confiscation rather than debt recovery, so a secured creditor's SARFAESI priority does not displace an attachment confirmed over benami property. A mortgage created to defeat confiscation is void, as creditor priority over such property could facilitate evasion through subsequent security interests. The bank must first enforce other securities supplied by the borrower and guarantors and may use the statutory claims mechanism for unrecovered dues. Case-Laws Benami Property Thu, 10 Sep 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=799203