Supreme Court of India

Mrs. Leelamma Mathew v. M/s Indian Overseas Bank & Ors.

Neutral citation
Reported as [2022] 18 S.C.R. 696
Bench M. R. Shah and Krishna Murari JJ.
Decided 17 November 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the above and for the reasons stated above, the High Court has committed an error in allowing the appeal and quashing and setting aside the judgment and decree passed by the learne d Trial Court.

Judgment, page 12

From the headnote

Securitization and Reconstruction of Financial Asse ts and Enforcement of Security Interest Act, 2002 (SARFAESI ct, 2002) – s.14 – Security Interest (Enforcement) Rules, 2002 (Rules) – r.8(6)(a) and (f) – Transfer of Property Act – ss.54,55(1)(a) – Defendant- Bank secured a property under the 2002 Act – Thereafter, the secured asset admeasuring 54 cents was put to auction – Appellant-plai ntiff submitted quotation for sale – Bank took the posses sion of the property – Plaintiff paid total consideration amount – Thereafter, Tehsildar submitted report that actual measurement of land was 39.60

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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