Auction purchasers in a bank's SARFAESI auction sought deletion of an encumbrance entry created by attachment at the instance of a private respondent in arbitration proceedings. The court held any such attachment is subject to the prior registered mortgage in favour of the bank and disposed of the writ petition.
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WP(MD). No.23046 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 27/09/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR WP(MD). No.23046 of 2024
Vs
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WP(MD). No.23046 of 2024
PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the 2nd respondent to delete the encumbrance entry created by the 5th respondent dated 17.02.2020 with respect to the property of the land and building comprised in S.Nos. 37/1B and 37/2 measuring an extent of 2400 Sq. ft in Plot No. 14, Park Town 6th Street, New Ward No. 4 of Anaiyur, Madurai District (Madurai Corporation Limit).
For Petitioner : M/s.Thevan Kumar.M.O., For Respondent : Mr.P.Subbaraj for R1 &R2 Special Government Pleader Mr.C.Deepak for R3
ORDER
By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
respondent to delete the encumbrance entry created by the 5th respondent dated 17.02.2020 with respect to the property of the land and building comprised in S.Nos. 37/1B and 37/2 measuring an extent of 2400 Sq. ft 2/5
WP(MD). No.23046 of 2024
in Plot No. 14, Park Town 6th Street, New Ward No. 4 of Anaiyur, Madurai District (Madurai Corporation Limit).
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WP(MD). No.23046 of 2024
SARFAESI proceedings, any attachment order is always subject to the prior charge created in favour of the bank by way of registered mortgage. Therefore, the petitioners' apprehension that they may not get their right is ill-founded. Accordingly, the writ petition is disposed of. No costs.
27.09.2024
RR
TO
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WP(MD). No.23046 of 2024
N.SATHISH KUMAR,J
RR
ORDER IN WP(MD) No.23046 of 2024
Date : 27/09/2024
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1 issue framed by the court
Whether a writ of mandamus lies to direct deletion of an encumbrance entry created by attachment in arbitration proceedings against property purchased by auction-purchasers under SARFAESI sale.
1 provisions across 1 enactments
P. Ramesh
K. Elango
The District Registrar, Madurai South, Madurai
The Sub Registrar, Pothumbu Sub Registrar Office, Madurai
The Punjab National Bank
N.Nagarajan
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
