A bank's memorandum of deposit of title deeds was refused registration due to an alleged attachment order. The court found the security interest predated any attachment, which had been passed by an arbitrator of doubtful authority, and that the property was already sold under SARFAESI. The refusal slip was quashed and registration directed.
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WP.No.4092 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
WP.No.4092 of 2024
The Authorised Officer Canara Bank Sellampatty Branch Sellampatty, Namakkal – 637 002 .. Petitioner
Versus
The Sub Registrar Velagoundampatty Namakkal District – 637 002 .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the records of
the respondent in his refusal slip proceedings bearing No.RFL/Velagoundanpatty/1/2024 dated 07.12.2023.
For Petitioner : Mr.P.Raghunathan for M/s.T.S.Gopalan and Co
For Respondent : Mr.B.Vijay Additional Government Pleader
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WP.No.4092 of 2024
ORDER
When the petitioner presented a memorandum of deposit of title deeds executed by the owner of the property, the same was refused to be registered on the ground that there was an attachment by the Principal District Judge, Namakkal Court. Challenging the said refusal checkslip, this writ petition is filed.
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WP.No.4092 of 2024
I.A.No.7/2023 in COS.No.22 of 2023 for the property in S.Nos.180/1, 192/5A,
192/5B and 192/6, therefore, the document has been refused to be registered.
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WP.No.4092 of 2024
N. SATHISH KUMAR, J.
18.07.2024
dhk Index :Yes/No Internet :Yes/No Neutral Citation : Yes/No
To,
The Sub Registrar Velagoundampatty Namakkal District – 637 002
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1 issue framed by the court
Whether the Sub Registrar could refuse registration of a memorandum of deposit of title deeds on account of an alleged court attachment when a prior security interest existed and SARFAESI sale was com
1 provisions across 1 enactments
The Authorised Officer Canara Bank Sellampatty Branch Sellampatty, Namakkal
The Sub Registrar Velagoundampatty Namakkal District
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
