Topic

equitable mortgage

2 articlesLatest March 2026
SARFAESI Act Section 14 | Possession Order Without Notice During Pending DRT Proceedings Violates Natural Justice : Madras HC
Case Law Analysis
|Madras High Court

SARFAESI Act Section 14 | Possession Order Without Notice During Pending DRT Proceedings Violates Natural Justice : Madras HC

Madras High Court quashes an ex parte possession order under SARFAESI Act, ruling that secured creditors cannot take physical possession of a borrower's property without notice while DRT proceedings are pending. The court directed the borrower to deposit Rs. 14,94,138 and mandated expeditious disposal of the DRT application, reinforcing the principles of natural justice in secured asset enforcement.