Kerala High Court
The Authorized Officer vs Sub Registrar on 7 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 25652 OF 2022
PETITIONER:
THE AUTHORIZED OFFICER
CSB BANK LTD (FORMERLY CATHOLIC SYRIAN BANK LTD),
THIKKODI BRANCH, THIKKODI, KOZHIKODE-673529.
REPRESENTED BY NISHA DAMODARAN,
AGED 45 YEARS, D/O.M.PDAMODARAN,
AUTHORIZED OFFICER AND CHIEF MANAGER (LAW),
CSB BANK LTD, ZONAL OFFICE, GROUND FLOOR,
C.M.MATHEW AND BROTHER ARCADE, CHAKKORATHUKULAM,
KOZHIKODE, PIN - 673 006.
BY ADVS.
P.PAULOCHAN ANTONY
G.AJITH KUMAR
K.S.SUJITHA
P.PADMAPRIYA
LEKSHMI S.SEKHER
RESPONDENTS:
1 SUB REGISTRAR
SUB REGISTRAR OFFICE-PAYYOLI,
PAYYOLI.PO, KOZHIKODE, PIN - 673 522.
2 VILLAGE OFFICER
PAYYOLI VILLAGE OFFICE, PAYYOLI.P.O,
KOZHIKODE, PIN - 673 522.
3 SHAJI.K.P
KOTTAKUNNEL , MUVATTUPUZHA,
ERNAKULAM, PIN - 686 661.
4 DHEERAJ LAL PREMJI
MANAGING PARTNER-AMBIKA SAWMILL & TIMBER INDUSTRIES,
AMBIKA NIVAS, PERAMBAVOOR, ERNAKULAM, PIN - 683 542.
W.P.(C)No.25652/2022 2
5 MUHAMMED ANSHAD
ASHIK MAHAL, KONNORA P.O., CHITTARIPARAMBA,
KANNUR DISTRICT, PIN - 670 650.
BY ADV P.M.SANEER
OTHER PRESENT:
ADV. THUSHARA JAMES (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.25652/2022 3
JUDGMENT
The petitioner has approached this Court being aggrieved by
the fact that the 1st respondent has refused to register the sale
certificate issued by the petitioner under the provisions of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act (SARFAESI Act) to recover
amounts due from one M/s M.V.Timber (a partnership firm of which
one Vinil Kumar M.V and Sheena Vinil Kumar are partners and
guarantors).
2. The property in question was purchased by the 5 th
respondent. Respondents 3 and 4 had obtained attachments from
Sub Court, Muvattupuzha and Sub Court, Perumbavoor to recover
amounts due to them from the aforesaid M.V Timber.
3. The learned counsel appearing for the petitioner states
that the attachments obtained by respondents 3 and 4 was much
after the creation of mortgage and going by the law laid down by
this Court in Travancore Devaswom Board Vs. Deputy
Examiner, Local Fund Audit and Others [2020 (3) KHC 129]
the said attachment will have no effect on the proceedings initiated
by the Bank under the provisions of the SARFAESI Act.
4. The learned counsel appearing for respondents 3 & 4
would submit that respondents 3 & 4 as attaching creditors have a
right to challenge the proceedings initiated by the Bank, especially
considering that the property was sold for a throw away price to
the detriment of the attaching creditors. It is submitted that
following oral directions issued by this Court, the documents
relating to sale, including copy of the sale certificate have now
been handed over to him and he may be permitted to challenge the
sale proceedings before an appropriate forum.
5. Heard the learned Government Pleader also.
6. Having regard to the facts and circumstances of the case
and taking into consideration the law laid down by this Court in
Travancore Devaswom Board (supra) this writ petition is
allowed, the 1st respondent is directed to register the sale
certificate issued by the petitioner in favour of the 5 th respondent.
This shall however be subject to any right that may be available to
respondents 3 & 4 to challenge the sale proceedings before any
appropriate forum and in accordance with law.
This writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ats
APPENDIX OF WP(C) 25652/2022
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE LETTER OF CONFIRMATION DATED
05.01.2016
Exhibit-P2 TRUE COPY OF THE CONFIRMATION LETTER DATED
28.07.2022 ISSUED BY THE PETITIONER BANK IN
FAVOUR OF RESPONDENT NO-5
Exhibit-P3 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED
24.01.2022 ISSUED BY THE 1ST RESPONDENT
