time, the rights of a tenant on a secured asset upon any action being taken by a secured creditor

on the said secured asset have been addressed in the Bill in relation to Section 17 of the SARFAESI.
A possible reason for this inclusion could be as this vacuum in law was also observed by the
Supreme Court of India (Supreme Court) in a recent case of Harshad Govardhan Sondagar vs
International Assets Reconstruction Company Limited and Others [2014 6 SCC 1] (Harshad
Govardhan case). In this case, the Supreme Court, inter alia, while noting the lacunae in Section
17 of the SARFAESI, held that:
 A tenant could not approach the Debt Recovery Tribunal to assert its lawful possession
under a valid lease over a secured asset

 which it is residing as a tenant), then the secured creditor cannot evict such a tenant by
force. The secured creditor is mandatorily required to file an application under Section 14
of the SARFAESI before the concerned magistrate. When the said application is filed, the
concerned magistrate, inter alia, is necessarily required to consider the following criteria's: