Kerala High Court
State Bank Of India vs The Sub Registrar Kallettumkara on 4 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 40637 OF 2023
PETITIONER:
STATE BANK OF INDIA
STRESSED ASSETS RECOVERY BRANCH, 7TH FLOOR,
VANKARATH BUILDING, PALARIVATTOM, ERNAKULAM,
REPRESENTED BY ITS AUTHORIZED OFFICER/CHIEF MANAGER,
PIN - 682024
BY ADVS.
M.JITHESH MENON
K.INDU (POURNAMI)
P.G.MAHESHKUMAR
R.BRIJESH
KURIAN T. VADAKKEL
RESPONDENTS:
1 THE SUB REGISTRAR KALLETTUMKARA
OFFICE OF THE SUB REGISTRAR,
KALLETTUMKARA, THRISSUR DISTRICT.,
PIN - 680683
2 THE VILLAGE OFFICER
KODAKARA VILLAGE OFFICE, KODAKARA,
THRISSUR DISTRICT., PIN - 680684
3 M/S.STAR FINANCIERS
REPRESENTED BY ITS MANAGING PARTNER MR.JAMES,
PANTHALOOKKARAN BUILDINGS,
OPP:SHANTHI HOSPITAL, KODAKARA,
THRISSIR DISTRICT, PIN - 680684
4 MR.JOY KALAPARAMBAN
S/O.JOSEPH KALAPARAMBAN, KALAPARAMBAN HOUSE,
KODAKARA VILLAGE, CHALAKKUDY,
THRISSUR DISTRICT, PIN - 680684
5 MR.THOMAS MATTATHIL
S/O.LONA MATTATHIL, PULLOKKARAN,
CHALAKKUDY P.O, CHALAKKUDY WEST,
WP(C) No.40637 Of 2023
2
THRISSUR DISTRICT, PIN - 680307
6 M/S.WIN-COAST FINANCE INVESTMENTS
REPRESENTED BY ITS MANAGING DIRECTOR,
GROND FLOOR, WIN COAST TOWER, NANDIKKARA,
THRISSUR DISTRICT, PIN - 680301
7 MR. DEVASSY MULLAKKARA
S/O.JOSE MULLAKKARA, MULLAKKARA HOUSE,
KODAKARA DESOM, MUKUNDAPURAM TALUK,
KODAKARA, THRISSUR DISTRICT,
PIN - 680684
8 M/S.JMJ FINANCE
REPRESENTED BY ITS MANAGING DIRECTOR,
DOOR NO. 21/349/29, WEST FORT TOWER,
CIVIL LANE ROAD, WEST FORT JUNCTION,
POOTHOLE PO. THRISSUR DISTRICT,
PIN - 680002
9 M/S.CAPITAL FINSERVE LTD.
(FORMERLY KNOWN AS ASSOCIATED HIRE PURCHASE &
CREDIT LIMITED),
REPRESENTED BY ITS MANAGING DIRECTOR MR.BABU
ELIAS, 1ST FLOOR, CAPITAL PLAZA,
AM ROAD, NEAR KOTHAMANGALAM POLICE STATION,
KOTHAMANGALAM,
ERNAKULAM DISTRICT, PIN - 686691
10 M/S. K L M NIDHI LTD
REPRESENTED BY ITS MANAGING DIRECTOR JOSEKUTTY
XAVIER, KLM TOWERS,
MUVATTUPUZHA ROAD, KOTHAMANGALAM,
ERNAKULAM DISTRICT, PIN - 686691
11 M/S. NEW TRICHUR COMPANY LTD
REPRESENTED BY ITS MANAGING DIRECTOR,
NEW TRICHUR TOWERS,
VATANAPPALLY-KANJANI-THRISSUR ROAD,
KANDASSANKADAVU,
THRISSUR DISTRICT, PIN - 680613
BY ADVS.
SRI.LINDONS C.DAVIS
SRI.S.GOPINATHAN-SR.GOVERNMENT PLEADER
RAJITH DAVIS(K/1252/1998)
E.U.DHANYA(K/672/2006)
WP(C) No.40637 Of 2023
3
N.S.SHAMILA(K/222/2016)
CHINJU P. JOYIES(K/894/2016)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.40637 Of 2023
4
JUDGMENT
Dated this the 4th day of April, 2024
The petitioner had sanctioned certain loan facilities to
M/s.Varikkasery Stores, represented by its Proprietor
Mr.Raphy V.K. As collateral security for availing the loan, the
borrower had created an equitable mortgage of 10.12 Ares of
land with a double storied building in Survey No.128/1, in
Kodakara Village, Mukundapuram Taluk, Thrissur district,
obtained as per Sale Deed No.2805/2004 of Kalletumkara
SRO, by deposit of title deeds. The mortgager had issued a
letter of confirmation of creation of mortgage by deposit of title
deeds dated 20.10.2015.
2. There occurred default in the repayment of the
loans by the borrowers, resulting in the accounts being
classified as NPA and initiation of proceedings under the
WP(C) No.40637 Of 2023
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002.
3. The physical possession of the secured asset was
thereafter taken and the property was put for sale on
18.08.2022, by issuance of sale notice dated 30.07.2022. The
property was sold in favour of one Mrs. Suvarna Binu &
Binu M.K. The Bank confirmed the sale and sale certificate
was also issued on 26.10.2022. However, the 1 st respondent
is refusing to register the sale certificate stating that
attachments have been effected on the property, in
compliance of the orders passed by Courts and that the Sale
Certificate can be registered only on lifting of the attachments.
4. The stand taken by the 1 st respondent is per se
contrary to the judgments rendered by this Hon'ble Court in
Madan v. Sub Registrar [2014 (1) KHC 249], Ali Ashraf v.
Sub Registrar W.A 612/2015, Kechery Service Co-
operative Bank V Sajitha Nizar and others [2020 (5) KHC
WP(C) No.40637 Of 2023
231] and UCO Bank V State of Kerala [2022 KHC online
1049]. A direction to respondents 1 and 2 to efface the
attachments and to the 1st respondent to register the sale
certificate has become necessary, in the interest of justice.
5. I have heard the learned counsel for the petitioner,
the learned Government Pleader representing respondents 1
and 2 and the learned counsel representing respondents 3 to
11.
6. The mortgage was created in favour of the
petitioner-Bank on 20.10.2015, which is discernible from
Ext.P1. The attachments over the property are evidently
subsequent to the date of the mortgage, as can be seen from
Ext.P4.
7. In view of the judgment of this Court in Madhan v.
Sub Registrar, Kollam and Others [2014 (1) KHC 249] and
Ali Ashraf v. Sub Registrar [W.A.612/2015], the attachments
effected subsequent to the mortgage are unsustainable.
WP(C) No.40637 Of 2023
8. In view of the above, the 1 st respondent-Sub
Registrar is compellable to efface the attachments in respect
of the secured asset in order to register the sale conducted by
the Bank in respect of the properties, in favour of the auction
purchasers.
9. Respondents 1 and 2 therefore directed to efface
all attachments on the property in question ordered after the
date of creation of mortgage in favour of the petitioner. The
petitioner shall submit a copy of the document in evidence of
mortgage and all such other documents as required under the
Registration Rules for the purpose of registration. If all other
parameters are satisfied, the 1st respondent shall register the
Sale Certificate.
The writ petition is disposed of as above.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.40637 Of 2023
APPENDIX OF WP(C) 40637/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE LETTER OF
CONFIRMATION FOR CREATION OF MORTGAGE
BY DEPOSIT OF TITLE DEEDS EXECUTED BY
MR.RAPHY V K, DATED 20.10.2015
Exhibit-P2 TRUE COPY OF THE SALE NOTICE ISSUED BY
THE PETITIONER DATED 30.07.2022
Exhibit-P3 TRUE COPY OF THE SALE CERTIFICATE
DATED 26.10.2022
Exhibit-P4 TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE IN RESPECT OF THE PROPERTY
DATED 08.06.2023
