A borrower who lost his mortgaged property in a bank auction sought to redeem it and block registration of the Sale Certificate, relying on Supreme Court rulings that redemption survives until registration. The court noted securitisation proceedings and a civil court possession decree against him, and dismissed the writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946
WP(C) NO. 3780 OF 2024
PETITIONER:
ANIL KUMAR
AGED 62 YEARS, S/O. LATE BALAN, AISWARYA NIVAS, C.H. COLONY, CHEVARAMBALAM P.O., CHEVAYUR AMSOM DESOM, KOZHIKODE, PIN – 673 017.
BY ADVS.
K.JAYESH MOHANKUMAR PUSHPARAJAN KODOTH VANDANA MENON VIMAL VIJAY P.SHAMSUDDEEN
RESPONDENTS:
1 THE SUB REGISTRAR CHEVAYUR SUB REGISTRAR OFFICE, KOZHIKODE, PIN – 673 017.
2 INDIAN BANK 114/18, KALLAI ROAD BRANCH, REPRESENTED BY ITS BRANCH MANAGER, KOZHIKODE, PIN – 673 002.
3 B. RANJITH AGED 58 YEARS, S/O. K. RAMACHANDRAN, 24/1666 A, RAMANEEYAM, MEVANNAPARAMB, MANKAVU P.O., VALAYANAD AMSOM DESOM, KOZHIKODE TALUK & DISTRICT, PIN – 673 007.
BY ADVS.
BINOY VASUDEVAN NIRMAL S VEENA HARI(K/775/2006) K.V.RAJESWARI(K/1308/2002) SRI.SREEJITH V.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.07.2024 AND THE COURT ON 24.07.2024 DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
W.P.(C) No.3780 of 2024
Dated this the 24th day of July, 2024
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner, who had availed a financial
advance from the Indian Bank, is before this Court seeking to direct the 2nd respondent-Bank to inform the petitioner the total amount due to close the loan and to accept the same. The petitioner further seeks to permit him to clear the entire dues and release the documents submitted at the time of availing the loan. The petitioner also seeks to direct the 1st respondent-Sub Registrar not to register the Sale Certificate issued in favour of the 3rd respondent.
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purchased the sale in auction. According to the petitioner, the Sale Certificate in favour of the 3rd respondent has not been registered.
The Bank obtained an ex-parte decree against the petitioner. Though the petitioner submitted application to set aside the ex-parte order, the same was dismissed. Hence, the petitioner is before this Court.
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borrower would continue.
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petitioner cannot now submit that the petitioner has a right to redeem the mortgage till the Sale Certificate is registered.
In the afore circumstances, I do not find any merit in the writ petition. The writ petition is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/22.07.2024
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APPENDIX OF WP(C) 3780/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 15.12.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE REPLY DATED 30.12.2023 GIVEN BY THE RESPONDENT BANK.
Exhibit P3 TRUE COPY OF THE REPLY DATED 03.01.2024. Exhibit P4 TRUE COPY OF THE ENCUMBRANCE CERTIFICATES DATED 14.07.2023 ISSUED BY THE 1ST RESPONDENT. Exhibit P5 TRUE COPY OF THE ENCUMBRANCE CERTIFICATES DATED 06.01.2024 ISSUED BY THE 1ST RESPONDENT. Exhibit P6 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 06.01.2023 ISSUED BY KOZHIKODE MUNICIPAL CORPORATION. Exhibit P7 TRUE COPY OF THE TAX RECEIPT DATED 23.08.2017. Exhibit P8 TRUE COPY OF THE RECEIPT OF WATER CHARGE DATED 26.12.2023.
Exhibit P9 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT REGISTRAR DATED 15.12.2023.
Exhibit P10 A TRUE COPY OF THE CRP NO.387/2023 FILED BY THE PETITIONER.
Exhibit P11 A TRUE COPY OF THE LETTER DATED 05.04.2008 FROM THE 2ND REPONDENT.
RESPONDENTS' EXHIBITS
Exhibit R3 (a) TRUE COPY OF CERTIFICATE OF SALE ISSUED BY THE 2ND RESPONDENT BANK.
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Exhibit R3 (b) TRUE COPY OF THE ORDER DATED 13.01.2023 ISSUED BY THE PRINCIPAL MUNSIFF COURT - II, KOZHIKODE. Exhibit R3 (c) TRUE COPY OF THE ABOVE MENTIONED ORDER DATED 07.02.2024 IN EP 147/2023. Exhibit R3 (d) TRUE COPY OF THE POLICE COMPLAINT SUBMITTED AND THE RECEIPT ISSUED BY THE CHEVAYOOR POLICE STATION DATED 23.02.2024. Exhibit R3 (e) TRUE COPY OF THE JUDGMENT DATED 03.12.2018 IN WP(C) 18301/2018. Exhibit R3 (f) TRUE COPY OF THE JUDGMENT IN O.S.358/2009 DATED 13.10.2011. Exhibit R3 (g) TRUE COPY OF THE JUDGMENT IN O.S. 680/2019 DATED 25.02.2022. Exhibit R3 (h) TRUE COPY OF THE JUDGMENT IN O.P. (C).755/2023 DATED 10.04.2023. Exhibit R3 (i) TRUE COPY OF THE JUDGMENT DATED 14.12.2023 IN CRP.387.2023. Exhibit R3(j) TRUE COPY OF THE POSSESSION CERTIFICATE DATED 24.02.2024, TAX RECEIPT DATED 08.06.2023, THANDAPPER ACCOUNT DATED 23.02.2024 AND BUILDING CERTIFICATE DATED 24.02.2024 ISSUED BY THE COMPETENT AUTHORITIES TO THE 3RD RESPONDENT.
2 issues framed by the court
Whether the borrower retains a right to redeem the mortgaged property after auction sale when the Sale Certificate is unregistered.
Whether the Sub Registrar can be directed not to register the Sale Certificate issued in favour of the auction purchaser.
Colour shows how this judgement treated each authority
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Celir LLP v. Bafna Motors (Mumbai) Private Limited [2023 (5) KLT 599]
1 provisions across 1 enactments
Anil Kumar
The Sub Registrar, Chevayur Sub Registrar Office, Kozhikode
Indian Bank, Kallai Road Branch, represented by its Branch Manager, Kozhikode
B. Ranjith
N.Nagaresh
As recorded by the court registry
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