Allowed

Krm Home Markers Pvt. Ltd. v. Inspector General of Registration

Madras HC15 May 2024WP/13259/2024

Case brief

AI extract

What is this about?

The High Court of Madras, in a writ petition under Article 226 of the Constitution, directed the District Registrar and Joint Sub Registrar to register a sale certificate issued by a bank under Section 89(4) of the Registration Act, 1908, following a prior Division Bench order.

What did the court decide?

Direction issued to the 3rd respondent to register the sale certificate dated 05.02.2024 in Book-I and the encumbrance register forthwith.

Krm Home Markers Pvt. Ltd. Vs Inspector General of… — Property and Title | Madras HC (2024)

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W.P.No.13259 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.05.2024

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CORAM :

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THE HON'BLE MS. JUSTICE P.T.ASHA

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W.P.No.13259 of 2024 and W.M.P.No.14402 of 2024

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KRM Home Makers Pvt. Ltd. Represented by its Director Mr.M.S.Moorthy

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... Petitioner

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Vs.

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1.The Inspector of General of Registration Office of the Inspector General of Registration Santhome High Road, Chennai 600 028

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2.The District Registrar Chengalpattu J.C.K.Nagar, Paramour Chengalpattu

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3.The Joint - II Sub Registrar Chengalpattu Kancheepuram High Road Natham, Chengalpattu 603 002

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4.IDBI Bank Ltd. Rep. by its Authorized Officer No.115, Anna Salai Saidapet, Chennai 600 015 ... Respondents

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https://www.mhc.tn.gov.in/judis

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W.P.No.13259 of 2024

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent authorities 2 and 3 to file / register the sale certificate dated 05.02.2024 issued by the 4th respondent bank in favour of the petitioner in Book-I, as per Section 89(4) of the Registration Act, 1908, as well as in the encumbrance register within the time limit to be fixed by this Court.

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For Petitioner : Mr.S.Thanka Sivan For Respondents : Mr.LSM Hasan Fizal Addl. Govt. Pleader - R1 to R3

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ORDER

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This writ petition has been filed seeking for issuance of a Writ of Mandamus directing directing the respondent authorities 2 and 3 to file / register the sale certificate dated 05.02.2024 issued by the 4th respondent bank in favour of the petitioner in Book-I, as per Section 89(4) of the Registration Act, 1908, as well as in the encumbrance register within the time limit to be fixed by this Court.

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Heard Mr.LSM Hasan Fizal, the learned Additional Government Pleader for the respondents 1 to 3.

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https://www.mhc.tn.gov.in/judis

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W.P.No.13259 of 2024

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3.In the light of the order passed by the Division Bench of this Court

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in W.P.(MD)No.8431 of 2023 dated 13.04.2023, the reluctance on the part of the 3rd respondent in registering the sale certificate is without any legal basis. Therefore, direction is issued to the 3rd respondent to register the sale certificate dated 05.02.2024 forthwith and enter the same in Book-I as per Section 89(4) of the Registration Act, 1908, as well as in the encumbrance register maintained by them.

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4.This writ petition stands allowed accordingly. No costs.

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Consequently, the connected miscellaneous petition is closed.

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15.05.2024

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kas

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Index:Yes/No Neutral Citation

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1.The Inspector of General of Registration Office of the Inspector General of Registration Santhome High Road, Chennai 600 028

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https://www.mhc.tn.gov.in/judis

W.P.No.13259 of 2024

P.T.ASHA, J.

kas

2.The District Registrar Chengalpattu J.C.K.Nagar, Paramour Chengalpattu 3.The Joint - II Sub Registrar Chengalpattu Kancheepuram High Road Natham, Chengalpattu 603 002

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W.P.No.13259 of 2024 and W.M.P.No.14402 of 2024

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15.05.2024

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https://www.mhc.tn.gov.in/judis

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Krm Home Markers Pvt. Ltd. v. Inspector General of Registration

Case brief

What is this about?

What did the court decide?

Krm Home Markers Pvt. Ltd. v. Inspector General of Registration

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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