VidhiSangh

Supreme Court of India · 17/11/2022

MRS. LEELAMMA MATHEW versus M/S INDIAN OVERSEAS BANK & ORS.

[2022] 18 S.C.R. 696 · 2022 INSC 1214

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Summary

Indian Overseas Bank auctioned a secured property in Tirur, Kerala, described as 54 cents, under the SARFAESI Act. The buyer bid Rs 32.05 lakh, insisting throughout on vacant possession of the full 54 cents. After a Tehsildar reported that the borrower had transferred 14.40 cents before the mortgage, the bank still issued a sale certificate for 54 cents but handed over only the smaller area. The trial court decreed damages of Rs 58.10 lakh. The Kerala High Court reversed it, holding the suit barred by Section 34 and the sale to be on an 'as is where is' basis. The Supreme Court restored the decree. A suit for damages for the shortfall, not challenging the sale, is outside the Debt Recovery Tribunal's jurisdiction and so not barred by Section 34. Having sold and taken the price for 54 cents, and knowing the shortfall, the bank could not shelter behind the 'as is where is' clause.

Issues

  1. Whether a civil suit by an auction purchaser for damages for a shortfall in the area sold under the SARFAESI Act is barred by Section 34 of that Act.
  2. Whether the 'as is where is' condition protects the bank where it sold and received the price for 54 cents but delivered a smaller area.

Provisions considered

Held

Result

Civil Appeal No. 7128 of 2022 allowed; the Kerala High Court judgment dated 17.03.2022 in RFA No. 379 of 2014 set aside and the trial court decree for Rs 58,10,000 with 12% interest restored, payable within eight weeks with costs of Rs 25,000.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 696.