As per case facts a housing finance company took physical possession of a secured asset after the borrower defaulted on a loan having initiated proceedings under the SARFAESI Act A ... claimant asserting tenancy since under an unregistered agreement approached the High Court challenging the debt recovery tribunal's rejection of his plea for restoration of possession and the High Court ordered the repossession of the secured asset to the claimant prompting the company to appeal The question arose whether the High Court was justified in entertaining a petition under Article against the rejection of interim relief by the Tribunal and whether the tenant's claim based on an unregistered lease and lacking contemporaneous evidence like rent receipts was sufficient to resist SARFAESI measures Finally the Supreme Court ruled that the High Court erred in entertaining the petition due to the availability of an effective appellate remedy under Section of the SARFAESI Act clarifying that the amendment inserting Section A provides a forum for tenants On merits the Court held that the claimant failed to prove a valid tenancy prior to the mortgage or provide sufficient evidence like rent receipts to support his unregistered lease claim against the secured creditor thus restoring the status quo to the housing finance company

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