Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
SARFAESI | DRT Cannot Restore Possession Of Secured Asset To A Person Who Isn't The Borrower Or Possessor : Supreme Court
The Supreme Court ruled that the Debt Recovery Tribunal (DRT) cannot restore possession of a secured asset to a person who is neither the borrower nor in possession of the asset. The case involved a dispute over the possession of secured assets in the context of debt recovery proceedings under the SARFAESI Act. The Court held that only the borrower or those legally in possession have the right to challenge the possession or request restoration of the asset. This decision upholds the principle of due process in asset recovery cases under the Act.