In a writ petition, the petitioner complained that respondents failed to execute a sale deed under the SARFAESI Act. The court directed the respondents to execute the deed and dispose of the petition.
Respondents directed to execute the sale deed in favour of the petitioner which can be registered in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 4TH DAY OF NOVEMBER 2013/13TH KARTHIKA, 1935
WP(C).No. 24345 of 2013 (P)
PETITIONER:
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SUNITHA SHANMUGHAN, AGED 36 YEARS, W/O. SHANMUGHAN PUDUKKAD, RESIDING AT HOUSE NO. APIV/377, KUNNAKULAM MUNICIPALITY, CHITTANJUR DESOM, ARTHATD VILLAGE, THALAPILLY TALUK, THRISSUR DISTRICT.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1. DEWAN HOUSING FINANCE CORPORATION LTD. REP. BY ITS MANAGER, 2ND FLOOR, SALPA COMPLEX NEAR WEST FORT JUNCTION, M.G.ROAD, THRISSUR KERALA-680004.
2. THE AUTHORIZED OFFICER, DEWAN HOUSING FINANCE CORPORATION LTD., 2ND FLOOR, SALPA COMPLEX, NEAR WEST FORT JUNCTION, M.G.ROAD THRISSUR, KERALA-680004.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24345 of 2013 (P)
APPENDIX
PETITIONER'S EXHIBITS:
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EXT.P1:-A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DTD 4/9/2012
EXT.P2:-A TRUE COPY OF THE DEMAND DRAFT DATED 30/8/2012 PROVIDED BY THE PETITIONER.
EXT.P3:-A TRUE COPY OF THE DEMAND DRAFT IN THE NAME OF THE PETITIONER DATED 28/7/2012.
EXT.P4:-A TRUE COPY OF THE DEMAND DRAFT DATED 28/9/2012.
EXT.P5:-A TRUE COPY OF THE SALE CERTIFICATE IN THE NAME OF THE PETITIONER ISSUED BY THE 2ND RESPONDENT.
EXT.P6:-A TRUE COPY OF THE UNUSED STAMP PAPERS BOUGHT BY THE PETITIONER DATED 2/2/2013
EXT.P7:-A TRUE COPY OF THE LAWYER NOTICE ISSUED ON BEHALF OF THE PETITIONER DATED 27/5/2013.
EXT.P8:-A TRUE COPY OF THE ACKNOWLEDGMENT CARD SINGNED BY THE 2ND RESPONDENT DATED 29/5/2013
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P.S. TO JUDGE
cl
V.CHITAMBARESH, J.
W.P.(C).NO.24345 OF 2013
Dated this the 4th day of November, 2013
J U D G M E N T
The writ petition has been filed complaining that the respondents are not executing the sale deed pursuant to the sale conducted under the SARFAESI Act. The respondents on the other hand submit that they are eager and willing to execute the sale deed as desired by the petitioner. The sale deed shall be so registered notwithstanding any subsequent attachment after the mortgage as held in Housing Development Finance and Another v. Sub Registry
Officer and Others (2011 KHC 851).
deed in favour of the petitioner which can be registered in accordance with law as observed above.
The writ petition is disposed of.
SD/-
V.CHITAMBARESH, Judge.
cl.
2
1 issue framed by the court
Whether the respondents are directed to execute the sale deed in favour of the petitioner pursuant to the sale conducted under the SARFAESI Act.
Colour shows how this judgement treated each authority
Housing Development Finance and Another v. Sub Registry Officer and OthersExplained¶34
Housing Development Finance and Another v. Sub Registry Officer and Others
1 provisions across 1 enactments
Sunitha Shanmughan
Dewan Housing Finance Corporation Ltd.
The Authorized Officer, Dewan Housing Finance Corporation Ltd.
V.Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
