Allowed

Salim Aniyan Kunnummel v. Authorized Officer

Kerala HC5 Jun 2024WP(C)/39747/2023

Case brief

AI extract

What is this about?

The High Court of Kerala held that a sale certificate under the SARFAESI Act must be registered by Sub Registrars despite prior attachments. Bank claims under the RDB Act take precedence over co-operative sector claims.

What did the court decide?

Sub Registrar directed to register the documents once presented, notwithstanding prior attachments noted in the Encumbrance Certificate.

Salim Aniyan Kunnummel Vs Authorized Officer — Banking and Recovery | Kerala HC (2024)

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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 C. JAYACHANDRAN

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WEDNESDAY, THE 5^TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946

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WP(C) NO. 39747 OF 2023

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PETITIONER:

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SALIM ANIYAN KUNNUMMEL AGED 50 YEARS S/O. SRI. ABBU ANIYAN KUNNUMMEL, KOLAYAD, KANNUR, KERALA, PIN - 670650 BY ADVS. T.RAMESH BABU C.K.SREEJITH

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RESPONDENTS:

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1 AUTHORIZED OFFICER CANARA BANK, ARM BRANCH, CIRCLE OFFICE BUILDING, BELMETTA ROAD, MANGALURU, PIN - 575001

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2 CANARA BANK

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BUNDER MANGALORE BRANCH, MANGALURU REPRESENTED BY ITS CHIEF MANAGER, PIN - 575001

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3 THE SUB REGISTRAR PERAVOOR, KANNUR, PIN - 670306

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4 THE SUB REGISTRAR MATTANNUR, KANNUR, PIN - 670702

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5 THE INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION, NEAR DISTRICT COURT, VANCHIYOOR, THIRUVANATHAPURAM, PIN - 695035

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6 STATE OF KERALA

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REP. BY ITS SECRETARY TO GOVERNMENT, REGISTRATION DEPARTMENT THIRUVANATHAPURAM, PIN - 695001

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7 DEPUTY REGISTRAR (ADMINISTRATION) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, KANNUR, PIN - 670001

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8 REGISTRAR CO-OPERATIVE REGISTRAR OFFICE, TRIVANDRUM, PIN - 695001 BY ADV SANTHOSH PETER ADV. AJITH VISWANATHAN – GOVERNMENT PLEADER.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.06.2024, ALONG WITH WP(C).33722/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).Nos. 39747 & 33722 of 2023

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..2..

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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 C. JAYACHANDRAN WEDNESDAY, THE 5^TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946

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WP(C) NO. 33722 OF 2023

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PETITIONER:

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CANARA BANK, ASSET RECOVERY & MANAGEMENT (ARM) BRANCH CANARA BANK, ASSET RECOVERY & MANAGEMENT (ARM) BRANCH CIRCLE OFFICE BUILDING, BALMATTA ROAD, MANGALURU KARNATAKA,REPRESENTED BY ITS CHIEF MANAGER, PIN - 575001 BY ADVS. SANTHOSH PETER (MAMALAYIL) P.N.ANOOP M.S.SANDEEP SUDHAKARAN

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RESPONDENTS:

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1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES JAWAHAR SAHAKARANA BHAVAN DPI, JUNCTION, THYCADU, THIRUVANANTHAPURAM., PIN - 695014

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2 JOINT REGISTAR OF CO-OPERATIVE SOCIETIES(GENERAL) JOINT REGISTAR OF CO-OPERATIVE SOCIETIES (GENERAL) KANNUR., PIN - 670001

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3 SUB REGISTRAR, SUB REGISTRAR OFFICE, PERAVOOR, KANNUR DISTRICT, PIN - 670673

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4 M/S RUBBER MARKETING AND PROCESSING CO-OPERATIVE LIMITED (RUBTECH INDIA) C-30, 2ND FLOOR, AL-RAHABA PLAZA, NELLIKAI ROAD, MANGALURU, REPRESENTED BY ITS CHAIRMAN, MR.JOSE THATHYAMKULAM., PIN – 575001

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BY ADV. AJITH VISWANATHAN – GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.06.2024, ALONG WITH WP(C).39747/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).Nos. 39747 & 33722 of 2023

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COMMON JUDGMENT

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W.P.(C).Nos. 39747 & 33722 of 2023 Dated this the 5^th day of June, 2024

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Petitioner in the Writ Petition first above referred, is the auction purchaser in a sale conducted by the respondents 1 & 2, in terms of the provisions of the SARFAESI Act. The short grievance of the petitioner is that, the sale certificate issued is not permitted to be registered, on the allegation that there is a prior attachment in the property.

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2. Having heard the counsel appearing for the

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respective parties, this Court finds that, the same is not a sufficient cause to refuse registration. In view of the provisions contained in 31B of the Recovery of Debts and Bankruptcy Act, 1993,('R.D.B. Act' for short) the claims of

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W.P.(C).Nos. 39747 & 33722 of 2023

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..4..

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the co-operative sector cannot have precedence over the claims of the Bank, in terms of the R.D.B. Act.

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3. In the circumstances, the 3^rd respondent/Sub Registrar is directed to register the documents,

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once the same are presented for registration, not withstanding the factum of attachments noted in the Encumbrance Certificate.

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The Writ Petition (Civil) is disposed of as above.

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Sd/C. JAYACHANDRAN JUDGE

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W.P.(C).Nos. 39747 & 33722 of 2023

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..5..

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APPENDIX OF WP(C) 39747/2023

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER Exhibit P2 TRUE COPY OF THE ORDER DATED 12.7.2023 IN S.A NO. 252/2021 PASSED BY THE HON'BLE DEBT RECOVERY TRIBUNAL Exhibit P3 THE TRUE COPY OF THE LETTER DT.29/11/2021 ISSUED BY 1ST RESPONDENT TO 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE NOTICE DATED 1.11.2023 Exhibit P5 THE TRUE COPY OF THE LETTER ISSUED BY 7TH RESPONDENT TO THE 3RD RESPONDENT DT. 20/7/2023

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W.P.(C).Nos. 39747 & 33722 of 2023

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..6..

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APPENDIX OF WP(C) 33722/2023

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PETITIONER EXHI	BITS
Exhibit 1	TRUE COPY OF THE LETTER EVIDEN DEPOSIT OF TITLE DEEDS DATED 08.02. AND 22.02.2008	CING 2008
Exhibit P2	TRUE COPY OF ENCUMBRANCE CERTIFI ISSUED BY THE 3RD RESPONDENT	CATE
Exhibit P3	TRUE COPY OF THE E-AUCTION SALE NO DATED 08.10.2021	TICE
Exhibit P4	TRUE COPY OF THE SALE CERTIFICATE D	ATED
	29.11.2021 ISSUED BY THE PETITI BANK	ONER
Exhibit P5	TRUE COPY OF THE COMMUNICATION FROM 1ST RESPONDENT DATED 11.11.2021	THE
Exhibit P6	TRUE COPY OF THE COMMUNICATION D 12.11.2021	ATED
Exhibit P7	TRUE COPY OF THE JUDGMENT OP(DRT)306/2021 DATED 22.3.2023	IN
Exhibit P8	TRUE COPY OF THE ORDER OF HONOURABLE DEBT RECOVERY TRIBUNAL SA.NO.252/2021 DATED 12.7.2023	THE IN
Exhibit P9	TRUE COPY OF THE SALE CERTIFI ISSUED BY THE APPLICANT BANK TO AUCTION PURCHASER DATED 21.7.2023	CATE THE
Exhibit P10	TRUE COPY OF THE COMMUNICATION FROM 2ND RESPONDENT TO THE 3RD RESPON DATED 19/07/2023	THE DENT
Exhibit P11	TRUE COPY OF THE ENCUMBR	ANCE
	CERTIFICATE ISSUED BY THE RESPONDENT DATED 11.8.2023	3RD

Salim Aniyan Kunnummel v. Authorized Officer

Case brief

What is this about?

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Salim Aniyan Kunnummel v. Authorized Officer

Case brief

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