Kerala High Court
The South Indian Bank Limited ... vs Sub Registrar, Kaduthuruthy on 2 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 37558 OF 2022
PETITIONER:
THE SOUTH INDIAN BANK LIMITED, DRT CELL, 2ND FLOOR, SIB
BUILDING, MARKET ROAD, ERNAKULAM REPRESENTED BY ITS
AUTHORIZED OFFICER/CHIEF MANAGER, PIN - 682011
BY ADVS.
MOHAN JACOB GEORGE
P.V.PARVATHY (P-41)
REENA THOMAS
NIGI GEORGE
RESPONDENTS:
1 SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR,
MARKET JUNCTION, KADUTHURUTHY, PIN - 686604
2 VILLAGE OFFICER, KOTHANALLOOR VILLAGE, VAIKOM
TALUK, KAUTHURUTHY, KOTTAYAM DISTRICT, PIN -
686604
3 BINOY SEBASTIAN, NADUVAZHIPARAMBIL,
PADINJATTUBHAGOM, ATHIRAMPUZHA, KOTTAYAM, PIN -
686562
4 JOHNY JOSEPH, KIZHAVALLIL, KOTHANALLOOR, PIN -
686632
5 VINODKUMAR M.A., MANOJ BHAVAN, ATHIRAMPUZHA,
KOTTAYAM, PIN - 686562
6 SATHEESHBABU
SATHEESHBABU, S/O.JOB, NEDIYATHU VILLA,
CHIRAKULAM ROAD, ETTUMANOOR, KOTTAYAM, PIN -
686631
OTHER PRESENT:
ADV. K B SONY (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P. (C) No. 37558 OF 2022 2
JUDGMENT
Dated this the 2nd day of December, 2022
The petitioner has approached this Court being aggrieved by
the fact that the 1st respondent is refusing the register the sales
certificate issued by the petitioner in terms of the provisions
contained in the Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act (SARFAESI Act),
on the account of the fact that there are certain attachments
obtained by respondents 3 to 5 from the Subordinate Judges Court,
Kottayam.
2. Notice of the said writ petition is taken out by special
messenger to respondents 3 to 5 and to the 6 th respondent (auction
purchaser). Registry reports that notice of the writ petition was
served on respondents 4 and 6 while respondents 3 and 5 refused
to accept the notice.
3. The learned Government Pleader submits that there are no
attachments on behalf of the government.
4. The learned counsel for the petitioner states that the issues
stands covered in favour of the petitioner by the judgment of
Division Bench of this Court in Keechery Service Co-operative
Bank Ltd V Sajitha Nizar alias Sajitha P.M. & others reported
in 2020(6)KLT 68.
Having heard the counsel for the petitioner and the
Government Pleader for the respondents 1 and 2, this writ petition
will stand disposed of directing the 1st respondent to register the
sale certificate issued by the petitioner without being in any
manner affected by the attachment orders issued by the
Subordinate Judges Court, Kottayam, at the instance of the
respondents 3 to 5. The 1st respondent shall also efface the
attachment from the record of the encumbrance maintained by
him. The 2nd respondent shall also affect any mutation following
registration of the sale certificate by the 1st respondent.
Sd/-
GOPINATH P.
JUDGE
mtk
APPENDIX OF WP(C) 37558/2022
PETITIONER EXHIBITS
Exhibit P - 1 COPY OF SECTION 13(2) NOTICE DATED
06.05.2021
Exhibit P-2 COPY OF LETTER DATED 03.08.2018
CONFIRMING THE DEPOSIT OF TITLE DEED
CREATING EQUITABLE MORTGAGE IN FAVOUR OF
THE PETITIONER BANK
Exhibit P-3 COPY OF THE POSSESSION NOTICE DATED
30.10.2021 UNDER SECTION 13(4) OF THE
SARFAESUI ACT
Exhibit P-4 COPY OF THE PAPER PUBLICATION IN THE
HINDU DAILY DATED 04.11.2021
Exhibit P-4(a) COPY OF THE PAPER PUBLICATION IN THE
DEEPIKA DAILY DATED 04.11.2021
Exhibit P-5 COPY OF THE SALE NOTICE ISSUED BY THE
AUTHORIZED OFFICER DATED 31.08.2021
Exhibit P-6 COPY OF THE SALE CERTIFICATE DATED
01.11.2022
Exhibit P-7 COPY OF THE ENCUMBRANCE CERTIFICATE
DATED 05.02.2022 OF THE KADUTHURUTHY SRO
