This summary suit is filed by the Plaintiff, which is an Apex Bank of Co-operative Banks in the State of Maharashtra seeking to recover certain dues from Defendant No.1. No relief is sought against Defendant Nos.2 to 6, who are arraigned as proper parties to the suit. The suit is filed purportedly on a written contract, which is envisaged by a sale certificate issued by the Plaintiff in favour of Defendant No.1 read with the tender notice containing various terms and conditions. Defendant No.2 – Kannad Sahakari Sakhar Karkhana Ltd., availed of financial assistance by way of loan from the Plaintiff and owes certain dues to the Plaintiff towards repayment of this loan. Various steps for securitisation of assets against Defendant No.2 were taken by the Plaintiff. After taking steps under Section 13(2) and 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the Plaintiff issued a public notice for sale of movable and immovable assets of Defendant No.2 by inviting tenders. Defendant No.1 submitted a tender. One of the terms and conditions of tender was that that the assets described in the invitation to the tender were sold on “as is where is”, “as is what is” and “whatever there is” basis without any warranty, guarantee, without recourse, assurance, or undertaking or representation of any kind whatsoever. The terms provide that if there are dues, statutory or otherwise, of any authority established by law, such dues would have
