Allowed

The Federal Bank Ltd., v. Sub Registrar

Kerala HC16 Mar 2020WP(C)/213/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition filed by a Bank and auction purchasers. The Court held that the registering authority must register the Sale Certificate based on the sale conducted under the SARFAESI Act and efface subsequent attachments from the records.

What did the court decide?

Directing the respondents to register the Sale Certificate within two weeks and efface all subsequent attachments from the records.

The Federal Bank Ltd., Vs Sub Registrar — Land Acquisition | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY, THE 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941

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WP(C).No.213 OF 2020(B)

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PETITIONER/S:

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1 THE FEDERAL BANK LTD.,

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REP. BY JOHNSON.M.T., ASSISTANT VICE PRESIDENT AND AUTHORISED OFFICER, LCRD THRISSUR DIVISION, FIRST FLOOR FEDERAL TOWERS, T.B.ROAD, S.T.NAGAR, THRISSUR, PIN-680001.

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2 PRABHAKARAN.K. S/O.RAMAN NAIR, KUNDANATTU HOUSE, ERAVU.P.O., THRISSUR, PIN-680620.

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3 SEBASTIAN

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S/O.POULOSE, THEKKANATH CHERPUKARAN HOUSE, ARIMBUR.P.O., THRISSUR, PIN-680620.

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BY ADVS.

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SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX SHRI.MANU SANKAR P.

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RESPONDENT/S:

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1 SUB REGISTRAR,

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ANTHIKKAD SRO, ANTHIKKAD.P.O., THRISSUR-680641.

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2 VILLAGE OFFICER,

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ERAVU VILLAGE, THRISSUR DISTRICT, PIN-680620.

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3 SATHEESAN.M.S., S/O.SURENDRAN, MENOTHUPARAMBIL HOUSE, SOUHARDA ROAD, ERAVU.P.O., THRISSUR-680620.

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4 MINI, W/O.SATHEESAN.M.S., MENOTHUPARAMBIL HOUSE, SOUHARDA ROAD, ERAVU.P.O., THRISSUR-680620.

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5 SUKANYA KURIES AND LOANDS PVT.LTD., REPRESENTED BY ITS DIRECTOR, ST.THOMAS COLLEGE ROAD, PALLIKULAM, THRISSUR-680001.

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6 NEW MILLENIUM KURIES PVT.LTD., REPRESENTED BY ITS DIRECTOR, FIRST FLOOR, C

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WP(C).No.213 OF 2020(B)

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JANARDHANAN SMARAKA MANDHIRAM, BEHIND RAGAM THEATRE, MANNADIAR JUNCTION, KURUPPAM ROAD, THRISSUR-680001.

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7 THE NEW TRICHUR COMPANY PVT LTD., REPRESENTED BY ITS DIRECTOR, NEW TRICHUR TOWERS, KANDASSANKADAVU, THRISSUR DISTRICT-680613.

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8 ROLAND KURIES PVT. LTD., REPRESENTED BY ITS DIRECTOR, AMA COMPLEX, POOTHOLE ROAD, KUTTIPUZHA NAGAR, POOTHOLE, THRISSUR-680004.

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9 SHOGUN KURIES PVT. LTD., REPRESENTED BY ITS DIRECTOR, 4, A.Y.COMPLEX, PALLIKULAM ROAD, ERINJERI ANGADI, THRISSUR-680001.

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10 THRIKKUNNATH KURIES AND LOANDS (P) LTD., REPRESENTED BY ITS DIRECTOR, KANJANY, MANALUR VILLAGE, PONALLUR DESOM, THRISSUR TALUK, PIN680612.

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11 VISMAYA KURIES (P) LTD., REPRESENTED BY ITS DIRECTOR, ANTHIKKAD VILLAGE, PUTHENPEEDIKA DESOM, THRISSUR TALUK, PIN-680642.

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R5 BY ADV. SRI.NIREESH MATHEW R6 BY ADV. SRI.ROBSON PAUL R11 BY ADV. SRI.E.VIJIN KARTHIK

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OTHER PRESENT:

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S GOPINATHAN SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.213 OF 2020(B)

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JUDGMENT

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Dated this the 16th day of March, 2020

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The 1^st petitioner is a Bank. Petitioners 2 and 3 are the auction purchasers from the Bank. The auction was conducted invoking under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act. Thus the petitioners presented Sale Certificate for registration, noting that the attachment has been effected over the property, the Registering Authority refused to effect the registration. This is how the petitioners approached this Court.

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The mortgage was on 11.09.2009. Admittedly, all attachments were effected subsequent to the mortgage. In the light of the facts and circumstances, this Court is of the view that the official respondents are bound to register the Sale Certificate based on the sale conducted by the 1^st petitioner. All subsequent attachment shall be effaced from the records.

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This writ petition is allowed accordingly. The needful shall

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WP(C).No.213 OF 2020(B)

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be done within a period of two weeks from the date of receipt of

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a copy of this judgment.

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Sd/-

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A.MUHAMED MUSTAQUE

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Dxy

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JUDGE

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WP(C).No.213 OF 2020(B)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 17.8.2009 REGISTERED AS DOCUMENT NO.2246/2009 OF ANTHIKKAD SRO.

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EXHIBIT P2 TRUE COPY OF THE LETTER DATED 12.9.2009 ISSUED BY THE BORROWER SATHEESAN M.S., IN ACKNOWLEDGMENT OF THE DEPOSIT OF TITLE DEED OF THE PROPERTY WITH THE PETITIONER BANK ON 11.9.2009.

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EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 5.1.2011 ISSUED TO THE DEFAULTERS UNDER SECTION 13(2) OF THE SARFAESI ACT.

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EXHIBIT P4 TRUE COPY OF NOTICE DATED 13.8.2019 ISSUED BY THE 1ST PETITIONER FOR SALE OF THE SECURED ASSET.

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EXHIBIT P5 TRUE COPY OF THE SALE CERTIFICATE DATED 17.9.2019 ISSUED BY THE 1ST PETITIONER BANK UNDER RULE 9(6) OF THE SECURITY INTEREST ENFORCEMENT RULES, 2002, ON CONFIRMATION OF SALE.

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EXHIBIT P6 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 6.8.2019 ISSUED FROM THE ANTHIKKAD SRO.

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EXHIBIT P7

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TRUE COPY OF THE LETTER DATED 9.10.2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT FOR REGISTERING THE SALE CERTIFICATE AND FOR EFFACING THE ENCUMBRANCE ENTIRES.

The Federal Bank Ltd., v. Sub Registrar

Case brief

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The Federal Bank Ltd., v. Sub Registrar

Case brief

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