Extent of land mentioned, difference in measurement, - without physical verification of extent of property, respondent bank had auctioned property - Respondent bank directed to refund the sale amount.

Citation

2017-2-L.W. 152

IN THE HIGH COURT OF JUDICATURE AT MADRAS

20.1.2017/Writ Petition No.15311 of 2013

M.S.Ramesh, J.

Sarala Bardia... Petitioner

Vs.

The Authorised Officer, Syndicate Bank, 105/106, Ponnurangam Road, R.S.Puram, Coimbatore 641 002.         ...Respondent

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) (2002)

Auction sale by syndicate bank on 'as is where is', what is, extent of land mentioned, difference in measurement, effect of without physical verification of extent ofproperty, respondent bank had auctioned property - minimum responsibility castupon respondent bank before auction isto ensure that property is free from allencumbrances, it correlates to the exactmeasurement of the land which wasnotified in the auction notification Para 19

Respondent bank had voluntarily published extent of land without verifying actual physical measurements- such an action could only be deemed an act of dereliction, unreasonableness arbitrary.     Para 12

petitioner has taken due efforts to verify encumbrance certificate before purchasing the property - Respondent bank directed to refund the sale amount