Disposed

Indian Overseas Bank v. the Sub-Registrar

Madras HC3 Jul 2024WP/4028/2024

Case brief

AI extract

What is this about?

A bank sought a writ of mandamus to compel the Sub Registrar to register its sale certificate issued to an auction purchaser, which had been refused due to an earlier civil court attachment. Holding that pre-existing mortgage takes precedence over attachment, the Court directed registration upon presentation.

What did the court decide?

Direction to petitioner to present sale certificate; Sub Registrar directed to register it as per law; no costs.

Indian Overseas Bank Vs the Sub-Registrar — Banking and Recovery | Madras HC (2024)

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P.No.4028 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.07.2024

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CORAM

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THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

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WP.No.4028 of 2024

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Indian Overseas Bank, Asset Recovery Management Branch, No.11/952,Cross Cut Road, Gandhipuram, Coimbatore-641 012. Rep., by its Chief Manager .. Petitioner

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Versus

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The Sub Registrar, Sulur, Palladam Taluk, Coimbatore District.

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2.M/s Sri Ganesha Textiles, Rep., by its Proprietor Mr.C.Chinnaiyan, No.642-A, Indira Nagar, Unjapalayam, Coimbatore-641 668.

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3.M/s Sri Ganesha Fabrics, Rep., by its Proprietor Mr.C.Ponnusamy, No.642-A, Indira Nagar, Unjapalayam, Coimbatore-641 668.

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4.C.Chinnaiyan, S/o Chinnaiya Gouder, No.642-A, Indira Nagar, Unjapalayam, Coimbatore-641 668.

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5.C.Ponnusamy, S/o Chinnaiya Gouder, No.642-A, Indira Nagar, Unjapalayam, Coimbatore-641 668.

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

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P.No.4028 of 2024

6.Dhanalakshmi

7.Suresh

8.Madhumetha 9.Udaygiri Ramesh 10.S.Mahesh Kumar ... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to register the sale certificate dated 08.11.2022 issued by the petitioner-Bank in favour of the auction purchaser/tenth respondent.

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For Petitioner : Mr.M.L.Ganesh For Respondents : Mr.R.Ramanlaal, Additional Advocate General. Assisted by Mr.B.Vijay, Additional Government Pleader for R1

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No appearance for R2 to R10

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ORDER

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Writ Petition has been filed seeking to issue a direction to the first respondent to register the sale certificate dated 08.11.2022 issued by the petitioner-Bank in favour of the auction purchaser/tenth respondent.

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2.Heard both sides and perused the materials placed on record.

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P.No.4028 of 2024

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3.By consent of both parties, this writ petition is taken up for final

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disposal.

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The petitioner is the secured creditor, who had issued a sale certificate on 08.11.2022 to the eighth respondent. When the said sale certificate sought to be registered in favour of the tenth respondent, the first respondent has refused to register the same citing an order of attachment passed by the civil Court/Principal Senior Civil Judge, Nandyal, in I.A.No.791 of 2018 in O.S.No.381 of 2018 dated 24.01.2018.

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5.Learned counsel for the petitioner would draw the attention of this Court to the attachment order dated 24.01.2018, wherein the Civil Court also recorded the fact of pre-existing mortgage.

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Be that as it may, Mr.B.Vijay, learned Additional Government Pleader for the first respondent, would submit that the document has not been submitted so far. The petitioner being the secured creditor is entitled to the document and therefore, direction may be issued to the registering authority to register the document as per law.

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

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P.No.4028 of 2024

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Mere attachment of the properties will not come in the way of

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registration of subsequent document since the mortgage is prior to the attachment which culminated in the sale certificate. Therefore, the petitioner is directed to present the document. On presentation of document with the first respondent , viz., Sub Registrar, Sulur, Palladam Taluk, Coimbatore, he shall register the document as per law.

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8.The writ petition stands disposed of accordingly. No costs.

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03.07.2024

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raa Internet :Yes/No Internet : Yes/No Neutral Citation : Yes/No

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To The Sub Registrar, Sulur, Palladam Taluk, Coimbatore District.

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

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P.No.4028 of 2024

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N. SATHISH KUMAR, J.

raa

W.P.No.4028 of 2024

03.07.2024

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

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Indian Overseas Bank v. the Sub-Registrar

Case brief

What is this about?

What did the court decide?

Indian Overseas Bank v. the Sub-Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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