authority and subsequent
disposal thereof in whole or any part by lease, assignment
or sale, will be object of securing further development."
Wanchoo ... subsequent
disposal thereof in whole or in part by lease, assignment,
or sale, with the object of securing further development."
It is urged that
authority and subsequent disposal thereof in
whole or in part by lease, assignment, or
sale, with the object of securing further
development."
The validity ... authority and subsequent disposal thereof in
whole or in part by lease, assignment or sale,
with the object of securing further
development."
The second
SARFAESI Rules for transfer of secured asset, by lease, assignment or sale.
............................................................................................................................. 101
a. Contradictory Views of the High Court on the subject ... borrower
including the right to transfer by way of lease,
assignment or sale for realising the secured asset;
(b) take over the management
secured assets,
including the right to transfer by way of lease,
assignment or sale for realising the secured asset.
From the language of this provision ... secured creditor to transfer
the assets by way of lease, assignment or sale for
5
realizing the secured assets, as provided for therein,
would render
borrower, including the right to
transfer by way of lease, assignment or sale for
releasing the secured asset.
18. The said amendments were made ... borrower which included the
right to transfer by way of lease, assignment or
sale of the secured assets for releasing the same.
19. The scheme
mentioned earlier, the said document
consists of a single deed of assignment of lease. The
25
Division Bench construed the transfer of the land ... assignment of lease whereas the transfer of
the building appurtenant thereto to be through a
deed of sale. It appears to us that the High
further with
the transfer of the secured asset by way of lease, assignment or
sale; a restriction on the right of the mortgagee to deal ... borrower including
the right to transfer by way of lease, assignment or sale for
realising the secured asset;
(b) take over the management
Suit for specific
performance by purchaser--Maintainability--Lease
deed--Covenant prohibiting assignment of lease without
lessor's consent, "such consent, however ... refusal to give consent was unreasonable,
the defendant could validly assign the lease without such
consent; (iv) that the court could come to a decision
lease was
followed by subsequent leases in which the area of the lease hold lands was considerably reduced. But the
stipulation against assignment on which ... covenant in
the lease deed prohibiting sub-lease. The defendant stated that it had not
"assigned" the premises or any part thereof
borrower including the right to transfer by
way of lease, assignment or sale for
realizing the secured asset;
(b) take over the management ... borrower including the right to
transfer by way of lease, assignment or sale
and realize the secured asset;
(c) appoint any person (hereafter referred
