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2022 Supreme(Ker) 518

P.B.SURESH KUMAR, C.S.SUDHA
Indian Overseas Bank – Appellant
Versus
Leelamma Mathew, W/o M. T. Francis – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.K.N.Sivasankaran, Sri.Sunil Shankar
For the Respondent: Sri.Jawahar Jose

JUDGMENT :

C.S.Sudha, J.

This is an appeal against the judgment and decree dated 31/01/2014 in O.S.No.630/2012 on the file of the Subordinate Judge’s Court, Kozhikode. The suit is one for money/compensation. The court below decreed the suit. Hence the defendants have come up in appeal. The sole plaintiff is the respondent herein. The parties in this appeal will be referred to as described in the suit.

2. The defendants (the Bank) on 24/01/2007 through its authorised officer, published Ext.A1 public notice inviting sealed tenders/bids relating to sale of 54 cents of property in Survey No.48/1 in Tirur Taluk, Tanur Village, Keraladheeswarapuram Desom, which property the bank was stated to be in possession pursuant to the proceedings initiated by them under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the Act) in their capacity as secured creditor. The plaintiff, through her husband, after being shown the property, submitted her bid, namely Ext.A2, stating that she was ready to buy the property for a sale consideration of Rs. 32,05,000/-. In the bid she had also stated that she was making the offer subject to the condition that

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