Uco Bank vs The Sub Registrar
2022 Latest Caselaw 7733 Ker

W.P.(C).24380/2020                      1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
          TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                            WP(C) NO. 24380 OF 2020
PETITIONER/S:

      1       UCO BANK
              MUNAMBAM BRANCH, NEAR MUNAMBAM FERRY, PALLIPORT
              P.O.MUNAMBAM, KOCHI, PIN-683 515, REPRESENTED BY THE
              BRANCH MANAGER, SRI. JERRY J.

      2       LENIN A.B,
              S/O BALAKRISHNAN, ARAMIPARAMBIL HOUSE, CENTRAL BEACH
              ROAD, PALLIPURAM, PALLIPORT P.O.ERNAKULAM, PIN-683 515.

              BY ADV K.P.SUJESH KUMAR


RESPONDENT/S:

      1       THE SUB REGISTRAR
              SUB REGISTRY OFFICE, KUZHUPPILLY, PIN-683 514.
      2       THE VILLAGE OFFICER,
              PALLIPPURAM VILLAGE, PALLIPPURAM, ERNAKULAM-683 515.
      3       SANIL.C.S,
              S/O SUDHAN, CHERUPARAMBIL HOUSE, CHERAI BEACH ROAD,
              CHERAI P.O.ERNAKULAM, PIN-683 514.



OTHER PRESENT:

              ADV. K.B. SONY (GP)


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).24380/2020                           2


                                     JUDGMENT

Petitioners have approached this Court with a grievance that the sale

certificate in respect of the property brought to sale by the 1 st petitioner and

purchased by the 2nd petitioner has not been registered by the 1 st respondent

stating that there are attachments in respect of the said property.

2. A counter affidavit has been filed by the 1 st respondent where, in

paragraph 3, it is stated as follows:

"3. It is submitted that there was two court attachments over the property having Rs. Sy. No.434/4 of Pallippuram Village which is shown in Exhibit P8 Encumbrance Certificate. One by Hon'ble District Court, Ernakulam, in I.A. No.5272 of 2014, in Arbitration O.P. No.1013/2014 dated 28.11.2014 and other by Hon'ble Additional District Court N. Paravur in EA.234/2017 in A.P. 1515 of 2015 dated 20.01.2018. In this matter, this office will act in accordance with direction given by this Hon'ble Court. Sale Certificate under SARFAESI Act was not refused to register by the Sub Register on the ground of above attachments. This office not insists production of ROR Certificate for the Registration of any sale certificate under SARFAESI Act."

3. The learned counsel for the petitioners submits with reference to

the judgment of a Division Bench of this Court in Keechery Service Co-

operative Bank Ltd. v. Sajitha Nizar [2020 (6) KLT 68] that attachments

effected after the date of mortgage will not affect mortgage and they are to be

effaced. It is submitted that the mortgage in this case was created on

01.10.2007, as is clear from Ext.P2 document.

4. Heard the learned Government Pleader also, who reiterates the

contentions taken by the 1 st respondent in the counter affidavit filed in this

Court.

5. Having regard to the facts and circumstances of the case and in the

light of the judgment of the Division Bench of this Court in Keechery Service

Co-operative Bank (supra), I am of the view that the petitioners are entitled

to succeed. The 1st respondent is, therefore, directed to register the sale

certificate issued by the 1st petitioner in favour of the 2nd petitioner on

satisfaction of necessary formalities including the payment of stamp duty,

registration charges etc. and without being in any manner affected by the

attachments referred to in paragraph 3 of the counter affidavit filed in this

Court and noted above. The 1 st respondent shall effect registration forthwith, as

directed above, on presentation of the document (sales certificate) before him.

The writ petition is disposed of with the above directions.

Sd/-

GOPINATH P.

                                                                 JUDGE
         okb/28.6.22
                                                                //True copy//    P.S. to Judge




                      APPENDIX OF WP(C) 24380/2020

PETITIONER EXHIBITS
EXHIBIT P1              TRUE COPY OF SALE DEED NO 2573/2007 OF
                        KUZHUPPILLY SUB REGISTRY OFFICE, DATED
                        17.9.2007
EXHIBIT P2              TRUE COPY OF THE LETTER OF CONFIRMATION OF

DEPOSIT OF TITLE DEED EXECUTED BY THE THIRD RESPONDENT, DATED 1.0.2007 EXHIBIT P3 TRUE COPY OF THE MEMORANDUM OF EXTENSION OF MORTGAGE EXECUTED BY THE THIRD RESPONDENT DATED 14.10.2008 EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE UNDER THE SARFAESI ACT ISSUED BY THE FIRST PETITIONER TO THE THIRD RESPONDENT, DATED 8.11.2012 EXHIBIT P5 TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE FIRST PETITIONER AT THE TIME OF TAKING POSSESSION OF THE SECURED ASSET DATED 31.10.2014 EXHIBIT P6 TRUE COPY OF THE SALE NOTICE ISSUED BY THE FIRST PETITIONER DATED 19.2.2020 EXHIBIT P7 TRUE COPY OF THE INTERIM SALE CERTIFICATE ISSUED BY THE FIRST PETITIONER IN FAVOUR OF THE SECOND PETITIONER DATED 9.4.2020 EXHIBIT P8 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 16.10.2020 IN RESPECT OF THE SECURED ASSET