Sundaram Home Finance Ltd vs The Sub Registrar
2022 Latest Caselaw 8771 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                        WP(C) NO. 7383 OF 2022
PETITIONER:

            SUNDARAM HOME FINANCE LTD
            SUNDARAM TOWER, 46, WHITES ROAD, CHENNAI - 600014,
            REPRESENTED BY ITS AUTHORIZED OFFICER VISHNU R

            BY ADVS.
            SARASWATHI PALEREKEEZHIL
            BASIL MATHEW



RESPONDENTS:

    1       THE SUB REGISTRAR
            OFFICE OF THE SUB REGISTRAR (PRINCIPAL), KOTTARAKKARA,
            KOLLAM - 691506

    2       ARSHA A.F
            AGED 34, MUKKADAYAIL HOUSE, KILIKOLLOOR, KOLLAM -691004

    3       AKHIL M.S
            S/O SOBHANAKUMAR, AKHIL BHAVAN, VENMANOOR, ANAKOTTOOR
            P.O., NEDUVATHOOR, KOLLAM- 691505

    4       SAIFUDHEEN M
            AGED 45 YEARS
            S/O MUHAMMED ISMAIL, CRESENT HOUSE, KOTTARAKKARA P.O.,
            KOTTARAKKARA, KOLLAM- 691506


    R1      SMT. DEEPA. V. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7383 OF 2022                 2



                               T.R. RAVI, J.
                --------------------------------------------
                         W.P.(C)No.7383 of 2022
                 --------------------------------------------
                    Dated this the 7th day of July, 2022

                                 JUDGMENT

Notice was ordered before admission to the respondents 2 to 4.

Even though respondents have been served with notice, they have not

chosen to appear.

2. The prayer in this writ petition is for a direction to the 1 st

respondent to efface the attachments made subsequent to the

creation of Mortgage in the properties included in document

No.1566/2015 of Kottarakkara (Principal) SRO covered by Ext.P1 loan

agreement and for a declaration that the properties are free from all

other encumbrances.

2. The counsel for the petitioner submits that, having regard

to Section 26E of the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest (SARFAESI) Act, no

attachment of immovable property subsequent to the creation of the

security interest will survive. It is submitted that the mortgage was

created on 15.06.2015 and the attachments have been made only in

the year 2019.

In the above circumstances, this writ petition is allowed. The 1st

respondent is directed to efface the attachments made subsequent to

the creation of Mortgage in the properties included in document

No.1566/2015 of Kottarakkara (Principal) SRO, covered by Ext.P1 loan

agreement. Necessary orders shall be issued within one month from

the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE LEK

APPENDIX OF WP(C) 7383/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LOAN AGREEMENT DATED 15.06.2015.

Exhibit P2 THE TRUE COPY OF THE 13(2) NOTICE DATED 02.07.2018, ISSUED BY THE PETITIONER.

Exhibit P3 THE TRUE COPY OF THE POSSESSION NOTICE DATED 10.09.2018.

Exhibit P4 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATED FOR THE PERIOD FROM 01.01.2015 TO 21.02.2022 KOTTARAKKARA (PRINCIPAL) SRO.

Exhibit P5 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) 13123/2018 DATED 12.4.2018.