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2022 Supreme(SC) 1176

M. R. SHAH, KRISHNA MURARI
Leelamma Mathew – Appellant
Versus
Indian Overseas Bank – Respondent


Advocates appeared:
For the Appellant(s) : Mr. M. T. George, AOR Mr. Suvendra Kumar, Sr. Adv. Mrs. Susy Abraham, Adv. Mr. Johns George, Adv.
For the Respondent(s): Mr. Kunal Tandon, Adv. Mr. Surendra Kumar, Adv. Mr. Kush Chaturvedi, AOR Ms. Priyashree Sharma P.H., Adv. Mr. Syed Faraz Alam, Adv. Mr. Atharva Gaur, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Kerala at Ernakulam in RFA No.379 of 2014 by which the High Court has allowed the said appeal preferred by respondent no.1 herein – Bank and has quashed and set aside the judgment and decree passed by the learned Trial Court dated 31.01.2014 in OS No.630 of 2012 directing the Bank to pay to the plaintiff a sum of Rs.58,10,000/with interest at the rate of 12% per annum from the date of suit till realization, the original plaintiff has preferred the present appeal.

2. That the defendant Bank secured the property in Survey No.48/1 in Tirur Taluk, Tanur Village in exercise of powers under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (hereinafter referred to as ‘SARFAESI Act, 2002’)

2.1 That the Bank secured the possession and thereafter by notice for auction dated 23.01.2007 the secured asset admeasuring 54 cents was put to auction. The appellant – original plaintiff after inspection of the property submitted the quotation for sale of 54 cents of land and offered Rs.32,05,000/. It appears


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